The Terms and Conditions (“Terms and Conditions”) set forth below describe the terms and conditions that apply to and govern Your access to and use of the Western Union Foundation website. Do not use or access the Western Union Foundation website if you do not agree to be bound by such Terms and Conditions.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE WESTERN UNION FOUNDATION BE LIABLE FOR ANY DAMAGES DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE, ARISING FROM YOUR USE OF, OR ACCESS TO, THE WESTERN UNION FOUNDATION WEBSITE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
You agree to indemnify, defend and hold harmless the Western Union Foundation, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union Foundation website; and/or (ii) Your violation of the Terms and Conditions. The Western Union Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of the Western Union Foundation.
The Western Union Foundation website, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by the Western Union Foundation or third parties, and all right, title and interest therein and thereto shall remain the property of the Western Union Foundation and/or such other third parties. The Western Union Foundation website may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union Foundation website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union Foundation website or any portion thereof for any public or commercial use without the express written consent of the Western Union Foundation. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union Foundation website; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Western Union Foundation website (or printed pages thereof). The name the Western Union Foundation and other names and indicia of ownership of the Western Union Foundation are the exclusive marks of the Western Union Foundation or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
LINKS TO OTHER SITES.
The Western Union Foundation website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with the Western Union Foundation or any of its affiliates to any third party resources or their contents. Links do not imply that the Western Union Foundation is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of the Western Union Foundation or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. The Western Union Foundation does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and the Western Union Foundation and supersede all prior agreements or understandings You have with the Western Union Foundation. The Western Union Foundation has the right to assign these Terms and Conditions to a subsidiary, affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without the Western Union Foundation's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Western Union Foundation website is governed by Colorado law, without regard to its rules regarding conflicts of law. The Western Union Foundation website is directed to persons age 18. The Western Union Foundation website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. In the event that there is any inconsistency between the English version of the westernunionfoundation.org or foundation.westernunion.com websites and a Spanish version, the English version shall be binding.