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TERMS AND CONDITIONS

USING THE WEBSITE

This Web site (the “Site”) is owned and operated by The James Dyson Foundation North America (“Dyson”, “we”, “us”, or “our”). JDF can be reached at 600 W. Chicago Avenue, Suite 275, Chicago, Illinois 60654. Any inquiries regarding these Terms of Use must be addressed to Dyson c/o of the office of the General Counsel.

 

1. The following are terms of a legal agreement between you (“you”, “your”, or “user”) and Dyson. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions set out below and all other disclaimers, guidelines, policies and terms and conditions appearing on this Site (collectively, the “Terms of Use”) and that you will be subject to any additional terms of use and guidelines that we may post from time to time, including without limitation our Privacy Policy (the “Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms of Use. Your use of this Site signifies your agreement to these Terms of Use. The Terms of Use constitute the entire agreement between you and Dyson with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Dyson. The Terms of Use and any Additional Terms are subject to change at any time without prior notice by Dyson at its sole discretion by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Use.
2. You agree not to use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You may not interfere with other users’ enjoyment of the Site, including by damaging, disabling, overburdening or impairing the site in any manner. You also will not gain unauthorized access to the Site or its materials or information (e.g. by hacking or mining).
3. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. All content, graphics, code and software used on or incorporated into this Site and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Dyson and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dyson. Permission is granted to users to display, print, copy, distribute and download the materials on this Site for personal, non-commercial and educational use only; provided you do not modify the materials or make any derivative works thereof. You must retain all Dyson copyright and other proprietary notices contained in the materials obtained hereunder. If you link to the Site, then you must include a prominent source link back to the Site on the linked page(s). This permission terminates automatically if you breach any of the Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Dyson’s written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The James Dyson Foundation and jamesdysonfoundationus@dyson.com , as well as the Dyson name and trademark, and other Dyson logos, trademarks, trade names, page headers, graphics, buttons, images and other content on this website, are subject to trademark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by Dyson. Other trade marks, product names and company names or logos used on this website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trade marks, trade names, logos, images, graphics or content from this Site is strictly prohibited.
4. Dyson does not guarantee that the information contained in this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to product descriptions or availability or other product-related terms. Dyson therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Site at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted or confirmed.
5. THIS SITE, AND ANY INFORMATION OR CONTENT ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND WE MAY CHANGE ALL CONTENT, FUNCTIONALITY AND SERVICES AT OUR SOLE DISCRETION AT ANY TIME. DYSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR CONTENT OR GOODS OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE. DYSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE CODE OR FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SITE CODE, ITS CONTENT OR THE RESULTS OF THE USE OF THE FOREGOING. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DYSON, DYSON, INC., EACH OF THEIR AFFILIATES AND SUBSIDIARIES, AND THE RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, SHAREHOLDERS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR OTHER REPRESENTATIVES OF ALL OF THE FOREGOING (COLLECTIVELY, THE “DYSON PARTIES”) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF DYSON OR A DYSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU ONLY TO THE EXTENT SUCH INCIDENTAL OR CONSEQUENTIAL DAMAGES CANNOT BE EXCLUDED OR LIMITED UNDER LAW. Dyson is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions.
6. You hereby irrevocably release and waive all claims against the Dyson Parties from any and all claims, damages, liabilities, costs and expenses arising out of or relating to use of the Site, the Content, and any Educational Materials (as defined below) provided hereunder. If you are a resident of California, you waive any rights you may have under Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
7. Dyson does not make any representations or warranties about any website you may access through this Site. Any such website is independent from Dyson and Dyson has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website and Dyson makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. A link between this Site and another website does not mean that Dyson endorses that website or the information or materials therein. Links to third party sites are provided as a convenience only and such sites are to be accessed at user’s own risk.
8. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dyson for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You acknowledge the originality of any submission communicated to Dyson and you accept responsibility for its accuracy, appropriateness and legality. Notwithstanding the foregoing, all personal data provided to Dyson will be handled in accordance with The James Dyson Foundation North America’s Privacy Policy. Please see the Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, inappropriate, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Please also see Dyson’s Policy for Reviews, Comments, Communications and Other Content here.
9. Information on this Site includes descriptions of products and services available in the continental United States of America only. This Site is intended for use by residents of the United States of America only and Dyson makes no representation that the content of this Site is applicable or appropriate for use in other countries. Dyson makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. You may not use or export anything, including information, from this Site in violation of U.S. export laws, rules or regulations or otherwise in violation of the Terms of Use. This Site is controlled and operated by Dyson from its offices within the United States.
10. The Terms of Use are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. The failure of Dyson to insist upon strict performance of any of the provisions contained in these Terms of Use shall not constitute a waiver of its rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions set forth in these Terms of Use. These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Dyson may freely assign these Terms of Use and its rights and obligations hereunder without restriction.
11. Digital Millennium Copyright Act, Safe Harbor Notice Provisions. If you believe that the use of any content on the Site infringes any copyright that you own or control, please contact Dyson’s designated agent for copyright claims at:
    General Counsel,
    600 W. Chicago Avenue
    Suite 275
    Chicago, Illinois 60654.
    When providing notification of alleged infringement of a copyright that you own or control, please provide Dyson’s designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dyson to locate the material; (c) information reasonably sufficient to permit Dyson to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (f) your physical or electronic signature.

 

REQUESTING EDUCATIONAL MATERIALS FROM THE WEB SITE

1. If you wish to request an Engineering Box, Ideas Box Teacher’s Pack, Challenge Cards DVDs, Model Kits, Engineering Posters, and other educational materials that may be available from time-to-time from the James Dyson Foundation U.S. website at its sole discretion (collectively, the “Educational Materials”), please follow the instructions provided in the Contact Us section of this Site.
2. In order to request Educational Materials [or make user submissions] you may be required to register with jamesdysonfoundationus@dyson.com and create a user account. It is a condition of your use of this Site that all information you provide on this Site will be correct, current, and complete and if Dyson believes that such information is not correct, current or complete then Dyson has the right to refuse you access to this Site or any of its resources and to terminate or suspend or access at any time. All personal data provided to Dyson in connection with such account will be handled in accordance with The James Dyson Foundation North America’s Privacy Policy. Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Children under the age of 18 are not authorized to have accounts or make user submissions.
3. The Educational Materials are provided free of charge to qualifying organizations subject to the availability of such Educational Materials and are provided on an “as is where is” basis. Your electronic or telephone order is a request to receive Educational Materials from Dyson. Dyson reserves the right not to accept a request at its sole discretion.
4. Once you have submitted a request, you will receive an automatic e-mail confirming the details of your request (name, address, product ordered, price, etc.). Such e-mail is a confirmation that your request has been received by Dyson and does not constitute acceptance of your request. Dyson reserves the right at any time after receipt of your request to accept or decline your request for any reason, regardless of whether your request has been confirmed.
5. The availability of the goods displayed on this Site is subject to change without notice.
6. The Educational Materials are and shall remain the sole and exclusive property of Dyson and subject to the terms and conditions herein or otherwise promulgated by Dyson and will be provided to you in bailment solely for the limited purpose of providing bona fide non-profit educational instruction only (the “Educational Purpose”) and may not be used in any commercial or for-profit manner whatsoever. You will not obtain any ownership interest or other right or property interest in such Educational Materials, and shall not use or permit the use of the Educational Materials in a negligent or improper manner or in violation of any law or for any purpose other than the Educational Purpose. You shall not make any modifications or other changes to the Educational Materials without the prior written consent of Dyson. You assume liability for and shall bear all risks of damage or loss or use of the Educational Materials, or any portions thereof. All Educational Materials must be returned to Dyson [at the time specified by Dyson in the shipping notice]. We will arrange for such Educational Materials to be collected from the agreed delivery address at our expense. You may cancel your order for Educational Materials at any time up to seven (7) days after receiving the goods by notifying us in writing by either email to: jamesdysonfoundationus@dyson.com or to the address listed above, marked for the attention of “Educational Materials.”
7. Requests for Educational Materials will only be accepted from and dispatched to addresses within the continental United States.
8. Dyson cannot currently deliver Educational Materials to Canada or any other country outside of the United States. Educational Materials cannot be delivered to a PO Box address.
9. If you download certain Educational Materials (e.g. lesson plans) then such downloaded materials may only be used for the Educational Purpose.
10. If certain downloadable Educational Materials are designated as editable, then users may edit such materials solely in connection with educational projects. You will ensure that any materials that you edit do not contain any libelous or unlawful materials or content or any advertising materials, and that they will not infringe upon any party’s proprietary rights, including but not limited to intellectual property rights and privacy rights. No Educational Materials that you edit may violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability. You may not modify, obstruct or delete any copyright, trademark or other proprietary notices included with, attached to or embedded in any editable materials.

 

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

1. Dyson may occasionally allow users to this Site to post content, which may include reviews, comments, photos, videos and other content. By posting content, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
   1. is not consistent with the permissible uses outlined by these Terms and Conditions, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
   2. infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
   3. constitutes commercial solicitation, political campaigning, or advertising or promotion, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Dyson in its sole discretion;
   4. contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
   5. provides any non-public information about any Dyson Party or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of employees of any Dyson Party and other Site users;
   6. intentionally interferes with the operation of this Site, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
   7. impersonates any person or entity, including an employee of Dyson or any of its affiliated entities, or otherwise misrepresents the origin of content;
   8. attacks or insults another Site user or Site manager; or
   9. suggests or encourages illegal activity.
2. If you post content or submit material, and unless Dyson indicates otherwise, you hereby grant the Dyson Parties a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any and all media, whether now known or hereafter conceived. You hereby grant the Dyson Parties and their sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Dyson Parties for all claims resulting from content you supply. Dyson has the right but not the obligation to monitor and edit or remove any activity or content. Dyson takes no responsibility and assumes no liability for any content posted by you or any third party.

 

ENFORCEMENT

1. Dyson and its agents reserve the right to pre-screen, verify or edit the content posted by users to this Site, to investigate any violation of these Terms of Use and to take appropriate remedial action. Dyson has absolute discretion to enforce these Terms of Use, including, but not limited to, warning users of violations, disabling or suspending access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Use, or which is otherwise inappropriate for this Site. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to post content to this Site violates these Terms of Use, constitutes an unlawful trespass to the Dyson Parties’ equipment and systems, and may result in legal action.
2. The Dyson Parties also may release information concerning you and the content posted by you when Dyson believes release is appropriate to comply with the law; to enforce or apply these Terms of Use; and to protect the Dyson Parties’, or to protect the Dyson Parties’ users from fraudulent, abusive, or unlawful use of content posting features; or if a Dyson Party reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.