Revised May 28, 2013
Thank you for visiting our Web site. By using any of the Foundation’s Web
sites you acknowledge that you have read and are bound by the following Terms,
as well as any other Foundation network usage agreements that may govern your
conduct. Please do not hesitate to contact us if you have questions.
I. Disclaimer of Warranties and
Limitation of Liability
Unless specifically stated, nothing contained in or through Kauffman
Foundation Web sites (“Sites”) other than these legal
provisions constitutes, nor is intended to constitute, an offer, inducement,
promise, or contract of any kind.
The content provided on the Sites is presented as a courtesy to be used only
for informational purposes and is not represented to be error free. The Ewing
Marion Kauffman Foundation (the “Foundation”) makes no
representations or warranties of any kind with respect to the Sites or their
content, such representations and warranties being expressly disclaimed. The
Foundation does not warrant that the functions contained in the material will be
uninterrupted or error-free, that defects will be corrected, or that the Sites
or the servers that make them available are free of viruses or other harmful
Moreover, The Foundation does not represent or warrant that the content of
its Sites is accurate, complete or current for any specific or particular
purpose or application. The Sites are not intended to provide nor should anyone
consider that they provide legal, accounting, tax or other advice. Such advice
should only be rendered in reference to the particular facts and circumstances
appropriate to each situation. The Foundation encourages you to contact
appropriate professional(s) and consultant(s) to assess your specific needs and
circumstances and to render such advice accordingly. In addition, the Foundation
is not endorsing or recommending the use of the means or methods contained on or
through this site for any special or particular purpose.
In addition, any links to non-Foundation information or references to
unaffiliated organizations are provided as a courtesy and convenience to you.
Such links and references are not intended to, nor do they constitute, an
endorsement of the linked materials or the referenced organizations by the
Foundation. The content and views on such links and of such organizations are
solely their own and do not necessarily reflect those of the Foundation, or the
organizations' officers, directors or associates.
In no event will the Foundation or any of its officers, trustees or
associates be liable for any damages -- whether direct, indirect, special,
general, consequential, for alleged lost profits, or otherwise - that might
result from any use of or reliance on materials or links made available on or
through the Foundation’s Sites.
Respecting the privacy of the visitors using our Sites is a major priority
for the Foundation. The following statements will help you understand how the
Foundation collects, uses and safeguards the personal information you provide to
us on our Sites.
Please note that this policy applies only to the Foundation’s Sites and not
to any other organizations' Web sites to which we link. Remember that when you
use a link to go from a Foundation Site to another Web site, the Foundation’s
other Web site, including Web sites the Foundation links to, is subject to that
Web site's own rules and policies. Please read those rules and policies before
proceeding. The Foundation does not make any representations about the practices
and policies of any organization or Web site we link to and disclaims any
liability or responsibility for such other Web site’s content, rules, policies
Types of information we collect
The types of information that may be collected on any of the Foundation’s
Sites include: (1) personal information you knowingly choose to disclose that is
collected on an individual basis (voluntary registration); (2) Site use
information collected on an aggregate basis as you and others browse our sites;
and (3) Site usage information tied to your personal information.
Visitors to any of the Foundation’s Sites may knowingly choose to register
for any of the free email newsletter(s). Visitors to Foundation Sites may
knowingly choose to register to receive the “Thoughtbook,” or other printed
materials. Visitors may also register for events on Kauffman Foundation Sites.
When registering for events, or to receive email newsletters or printed
publications, visitors may be asked to voluntarily provide their name, email
address, telephone number, work address and other pertinent information.
Visitors may also indicate topics of interest, which will assist us in tailoring
our content to your needs. Visitors who supply information
will be included in our general contact database which we will use to send
emails and other communications consistent with our charitable
You may have your name removed from any of our emailing lists at any time, by
following the unsubscribe instructions at the bottom of every email. If you do
not wish to receive printed publications, such as the Thoughtbook, please send
an email to email@example.com, or call the Foundation at
816-932-1000 and ask for the Communications Department.
As is true of most Web sites, we gather certain information
automatically and store it in log files. This information
includes internet protocol (IP) addresses, browser type, internet service
provider (ISP), referring/exit pages, operating system, date/time stamp, on-site
bookmarks, on-site subscriptions, clickstream data and site navigation history.
We use this information, which does not identify individual users, to analyze
trends, to administer the site, to track users’ movements around the site and to
gather information about our user base as a whole. The Foundation may collect
this non-personal information even if you are not registered on any of the
We may also link this automatically-collected data to
personally identifiable information. This information is tied
to personably identifiable information to provide you with feedback about your
experiences on the Sites and to provide you with information that you may find
interesting or informative. The Foundation may also link this information to a
particular individual or combine it with personal information if the Foundation
has determined that it needs to identify a user because of safety or security
issues or to comply with legal requirements. We do not share this
automatically-collected data with third parties except those that provide direct
services to us to facilitate the upkeep of and services provided thorough the
To enable us to offer you the best possible experience when you visit the
Foundation’s Sites and to offer continually updated information, we assign you a
unique identification number stored in a file on your computer called a
"cookie." Cookies by themselves cannot be used to find out the identity of any
user. This unique identification number automatically identifies your browser -
but not you - to our computers whenever you interact and browse a Foundation
The cookies automatically gather certain usage information like the numbers
and frequency of visitors to the Foundation’s Sites and areas visited on the
Sites. We only use such data in the aggregate. This collective data helps us
determine how much our customers use parts of our Sites, so we can improve our
Sites to ensure that they are appealing to as many people possible.
When you sign up to receive information or mailings from the Foundation
Sites, we use clear gifs, web beacons or other such e-mail tracking devices to
measure the activity of the e-mail, including your clicking on a link within an
e-mail and your forwarding of the e-mail. This information is
tied to your e-mail address when stored.
Information Sharing and Disclosure
The Foundation does not rent, sell, or share any personal information about
individual users with any third party except to operate the Sites, provide the
products or services you've requested and to send you information consistent
with our charitable purpose
The information you provide to the Foundation is also used to better
understand the content needs of registrants to our Sites. Our goal in collecting
personal information through and monitoring visitor traffic patterns through use
of cookies, log files, and e-mail tracking is to provide you with the best
available Web experience for online information.
We occasionally hire other companies to provide limited services on our
behalf, including packaging and mailing, answering customer questions about
products or services, sending and tracking postal mail or email and processing
data. We will only provide those companies the information
they need to deliver the service, and they are prohibited from using that
information for any other purpose.
The Foundation reserves the right to disclose your personally
identifiable information to respond to a subpoena, court order or other legal
process, to defend the Foundation against legal claims, or if the Foundation
determines it is necessary to investigate or take action in connection with
activities that the Foundation suspects are illegal, threaten the safety of any
person or are in violation of these Terms.
Credit Card Information
If you choose to purchase products or pay for event registrations on the
Foundation’s Sites, you may need to provide personal information and
authorization for us to obtain information from various credit services. For
example, in addition to the information above, you may need to provide a mailing
address, billing address, credit card number and telephone number.
When credit card or other personal information is provided through any of the
Foundation’s Sites, this will be accomplished by establishing a "secure session"
using Secure Socket Layer (SSL), or Secure Electronics Transaction (SET)
protocols. These protocols encrypt all information before it is sent. The
information is scrambled en route and decoded once it reaches our Sites.
Other email communications may not be secure unless you are advised that
security measures will be in place prior to you transmitting the information.
For this reason, you should not send confidential information, such as Social
Security number, through an unsecured email.
By using our Sites, you consent to the collection and use of information by
privacy policies and procedures, we will post those changes on this page so that
you always have the opportunity to be aware of what information we collect, how
we use it, and under what circumstances we may disclose it.
III. Registration; Suspension
or Termination of Account
To access certain information and functionality, you must register on the
Sites and open a user account (“Account”). You are responsible for maintaining
the confidentiality of the user name and password associated with your Account
and for all activity under your Account, and you may not transfer your Account
to another party. You warrant that all information you provide to the Foundation
is accurate and we request that you update your Account as necessary to keep it
accurate and complete.
Suspension or Termination of
Account, Access or Group Activity
The Foundation reserves the right in its sole discretion to suspend or
terminate your Account or to block access to the Sites at any time (i) if it
suspects that you have not complied with these Terms, (ii) if we receive
multiple notices of infringement in accordance with the Digital Millennium
Copyright Act relating to your Account(s), or (iii) for other reasons that the
Foundation determines in good faith are necessary or appropriate, including if
the Foundation suspects you are using or attempting to use the Sites in any way
that violates any applicable laws or regulations. The Foundation may also
suspend or terminate your Account for prolonged inactivity in your Account. We
may also terminate your access to or administrative rights in any User Input
Room (as defined in section IV(i)) for any of the above reasons. You agree that the Foundation is not and will not be liable to you
for any loss or damages that may result from our refusal to provide you access
to the Sites. You may terminate your Account at any time.
IV. Interactive Features and
(i) The Foundation may offer the opportunity for you and others
to contribute ideas, comments, questions and other communications to or from the
Sites (the "User Content") in message boards, group areas, communities, blogs,
e-mail and other features of the Sites ("User Input Rooms") that may be offered
from time to time and may be operated by the Foundation or by a third
party. You shall not (nor cause any third party to) use the
Sites to perform any illegal activities (including defaming, abusing, harassing,
stalking, threatening or otherwise violating the legal rights - such as rights
of privacy -of others) or immoral activities. Specifically,
but not by way of limitation, you shall not undertake any of the following types
transmitting information that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
b. transmitting any material that contains
software viruses, trojan horses, worms, time bombs, cancelbots, or any other
computer code, files, or programs which may interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
c. impersonating anyone or any entity, or
falsely stating or otherwise misrepresenting your affiliation with a person or
d. advertising or disseminating commercial
e. interfering with or disrupting the
f. disrupting the activities or enjoyment of
the Sites for other users; or
g. collecting or storing personal data about
other users, except as needed for activities permitted on the
(ii) You should exercise discretion before relying on
information contained in User Content. You agree to evaluate, and assume all
risks associated with the use of any User Content, including without limitation
any risk relating to any reliance on the accuracy, completeness, or usefulness
of such User Content. The Foundation assumes no responsibility for the
information contained in User Content.
(iii) You agree that the Foundation, in its
sole discretion, may remove any User Content from a User Input Room offered by
the Foundation, at any time and for any or no reason. You agree that the
Foundation shall not be liable to you or any third party for any deletion of any
User Content on the Sites. You may remove your User Content from the Sites at
(iv) You acknowledge and agree that the
Foundation may preserve and disclose User Content if required to do so by law or
if the Foundation believes in good faith that such preservation or disclosure is
reasonably necessary to comply with legal process, enforce these Terms, respond
to a claim that User Content violates any third party's rights, or protect the
right, property or personal safety of the Foundation, any users of the Sites,
and the public. You also acknowledge that the technical processing and
transmission of the Sites, including without limitation User Content, may
involve transmissions over various networks and changes to conform and adapt to
technical requirements of connecting networks or devices.
(v) The Foundation may offer the opportunity
for you and others to contribute User Content in User Input Rooms operated by a
third party that may be offered from time to time. The Foundation assumes no
responsibility or liability whatsoever for such User Content, or for the use of
any User Input Room operated by a third party. Without limitation to the
foregoing, the Foundation shall not be liable for the collection, use or
disclosure of any personal information by, in or through a User Input Room
operated by a third party. In such circumstances, you must refer to any terms of
service and privacy statement of the third party operating the User Input
(vi) Subject to any applicable law and the
via this Sites or otherwise to the Foundation (including without limitation User
Content) are on a non-confidential basis, and the Foundation is under no
obligation to refrain from reproducing, publishing or otherwise using them in
any way or for any purpose related to the Sites or its users. You shall be
responsible for the content and information contained in any communication sent
by you to the Sites or otherwise to the Foundation, including without limitation
for its truthfulness and accuracy.
(vii) The Foundation does not claim any
ownership rights in the User Content you post to the Sites. When you post User
Content to the Sites, you grant to the Foundation, and you represent and warrant
that you have the right to grant to the Foundation, an irrevocable, perpetual,
non-exclusive, transferable, royalty free, worldwide license (with the right to
sublicense) to copy, publicly perform, publicly display, reformat, translate,
excerpt, distribute, create derivative works from and otherwise use such User
Content for any purpose on or in connection with the Site.
(viii) The administrator of any User Input
Room determines its membership and may terminate access by any individual user
at any time.
V. Intellectual Property
Complaints/Digital Millennium Copyright Act
The Foundation respects the intellectual property of others, and requires
that our users do the same. The Foundation will process notices of alleged
infringement which it receives and will take appropriate action as required by
the Digital Millennium Copyright Act (DMCA) and other applicable intellectual
property laws. If you believe that your work has been copied
and is accessible on a Site in a way that constitutes copyright infringement, or
that your intellectual property rights have been otherwise violated, please
provide the Foundation's Copyright Agent with the following information in a
notice (“Notice”). To be effective, the Notice must be in writing and contain
the following information (DMCA, 17 U.S.C. §512(c)(3)):
(i) an electronic
or physical signature of the person who is authorized to act on behalf of the
(ii) a description of the copyrighted work that you
claim has been infringed;
(iii) identification of the copyrighted work
you claim is being infringed (and, if possible, a location where an authorized
copy of the copyrighted work exists, for example the URL of the website where it
is posted or the name of the book in which it has been published);
identification of the URL or other specific location on the Sites where the
material that you claim is infringing is located (you must include enough
information so that the Foundation can locate the material);
address, telephone number, and email address;
(vi) 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
(vii) a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Send the Notice to the Foundation’s Copyright
Agent for notice of claims of copyright infringement as follows:
Attention: Legal Department
DMCA Copyright Agent
Kansas City, MO 64110
These Terms and the resolution of any dispute related to these Terms or the
Sites shall be governed and construed in accordance with the laws of the United
States and the laws of the State of Missouri applicable to contracts executed
and performed within Missouri, without giving any effect to any conflict of laws
rules that may result in the application of the laws of any other jurisdiction.
These Terms are deemed executed and enforceable in the State of Missouri.
If a dispute arises between you and The Foundation, each party irrevocably
agrees to (i) resolve the dispute through binding arbitration
conducted in Kansas City, Missouri in accordance with the rules of the American
Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration
under these Terms or to pursue injunctive relief exclusively in the federal and
state courts located in Jackson County, Missouri, United States of America and
(iii) submit to the exclusive jurisdiction of those courts and waive any
objection to the exclusive jurisdiction of those courts based on forum non
conveniens or other grounds. Each party will be responsible for its expenses
and an equal share of the arbitrators' and administrative fees of arbitration.
Notwithstanding the foregoing, each party will have the right to seek temporary
injunctive relief if it determines it is necessary in order to prevent
irreparable harm (including infringement of any intellectual property). you
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Sites or these terms must be
filed within one (1) year after such claim or cause of action arose or be
You may not assign these Terms or any of your obligations under them without
the Foundation’s prior written consent and any attempted assignment is null and
void. The Foundation may assign these Terms and any of its obligations under
them at any time for any reason.
Communications; Binding and Entire Agreement
You agree that (i) these Terms constitute an agreement “signed by you” under
any applicable law; (ii) any notices or other communication regarding your use
of the Sites may be provided to you electronically (by posting on the Sites, by
email, and other electronic formats) and will be considered received upon
posting or other distribution. These Terms (including the
and supersede all other agreements, oral or written, concerning its subject
matter. You consent to the use of the English language in these Terms and all
documents or notices relating to them and your use of the
If any of these Terms is determined to be invalid, void or unenforceable for
any reason, then the unenforceable provision will be deemed amended in a manner
that will most nearly carry out the intent of the provision to the fullest
extent permitted by applicable law or deleted if amendment is not possible, and
the remaining Terms will be enforceable to the fullest extent permitted by
The Foundation’s failure to enforce these Terms in every instance in which
they might apply is not a waiver of any of the Foundation’s rights, and the
Foundation reserves its right to take all legal steps available to enforce these
VIII. Social Media House Rules
The Ewing Marion Kauffman Foundation maintains social media accounts (i.e. Facebook, Twitter, Pinterest, LinkedIn, Google Plus, YouTube, etc.) to provide forums for sharing research, ideas, and opinions regarding our philanthropic work and mission.
All statements and materials posted by contributors reflect the views of the individual contributors and do not reflect the views of the Foundation.
While the Kauffman Foundation maintains these pages, the views expressed within these social media accounts do not necessarily reflect the Foundation's positions, strategies or opinions.
We encourage fans to analyze, comment on and challenge our ideas and strategies and to do so in the spirit of respect, fairness and intellectual inquiry. We reserve the right to remove posts that are offensive, act as advertisements, or attempt to solicit funds from our community. We also remove identical or substantially similar comments that are posted more than once, including those posted for the purpose of monopolizing the discussion.
Thank you for engaging with us in social media and respecting these policies. We value conversations in our social media communities.
Site Intended for U.S. Residents
The Sites are intended for and directed to residents of the United States and all advertising claims contained in the Sites are valid only in the United States.
© 2013 Ewing Marion Kauffman Foundation. All rights reserved.
(816) 932-1000 | 4801 Rockhill Road | Kansas City, MO 64110