Terms & Conditions
The following are the terms and conditions (the Agreement) for use of (the Website). The Website is owned and operated by the Raphael & Evelyn Education Foundation (the Foundation), a Louisiana non-profit corporation organized under 26 U.S.C. § 501 (c) (3). You agree, by accessing the Website, to be bound by the Agreement. If you do not agree to the entirety of the Agreement then you must not use the Website. Accordingly, you agree to the following:
Third Party Content
The Foundation may provide links to external websites owned and operated by third parties. Any link the Foundation may provide does not constitute an endorsement of the third party website content, owner, or operator in any way. The Foundation Parties are not responsible for the content of any third party website, nor do the Foundation Parties make any representation or warranty, express or implied, regarding the their content, accuracy, or completeness. You agree the Foundation Parties are not liable for any third party websites. You access any third party website at your own risk.
Parts of the Website are protected by copyright, trademark, trade dress, and other state and federal laws and may not be copied in whole or part by any means, including, but not limited to use of frames and mirrors. None of the Website’s content may be retransmitted without the express written consent of the Foundation. You shall at no time assert any ownership claim of any content on the Website by reason of your use of the Website and shall not grant, create, or suffer to exist any lien or other security interest arising therefrom.
Disclaimer and Warranty
The Foundation provides the content on the Website as a service to the public; all information contained therein is for informational purposes only. Nothing on the Website constitutes, nor shall be construed to constitute, legal advice and nothing contained herein creates an attorney-client relationship between any parties.
You agree the Website and content therein are provided on an “as is” basis. Neither the Foundation, nor any of its members, affiliates, or their respective officers, directors, employees and agents (the Foundation Parties) guarantees any of the Website’s content is accurate, complete, or useful.
The Foundation Parties do not agree, warrant, or represent that the Website will be available, uninterrupted, error free, or that its server or any files that may be downloaded from the Website are free from any harmful elements, including, but not limited to computer viruses. You agree to accept the entire risk as to the quality and performance of this site and any assumption you make regarding the accuracy or completeness of the Website.
The Foundation Parties make no representations, endorsements, guarantees, or warranties, express or implied, regarding the Website and its content, including, but not limited to, any warranty of merchantability or fitness for a particular use. The Foundation Parties declaim any warranties with respect to any results that may be obtained from use of the Website.
Limitation of liabilities
You agree the Foundation Parties are not liable, under any circumstance, for any loss or damage you sustain through your reliance on any content present on or information obtained through the Website. You also agree that you have the sole duty to evaluate the accuracy, completeness, and usefulness of any content or information obtained from the Website. You further agree that none of the Foundation Parties are liable for any damage, whether direct, indirect, incidental, special, or consequential, arising of or relating to the Website or this Agreement, whether based on warranty, contract, tort, or any other legal theory.
You agree that your sole and exclusive remedy for any dissatisfaction with the Website is to cease using the Website. You agree to indemnify and hold harmless the Foundation Parties from and against any and all claims and expenses, including, but not limited to, attorney’s fees, arising out of your use of the Website, including, but not limited to, your violation of this Agreement.
This website is based in Lafayette, Louisiana; by accessing this site you agree to take sole responsibility for complying with the laws of your specific jurisdiction.
Amendments and Termination
The Foundation may, at any time, in its sole discretion, amend any portion the Agreement for any reason, without prior notice or liability. Any amendments to the Agreement are effective immediately upon their publication on this page.
The Foundation may terminate your access to any part or all of the Website at any time, with or without cause, with or without notice, without liability.
This Agreement represents the entire agreement between the Foundation and you concerning your use of the Website and may be modified only by a signed writing from the party to be bound or by amendment by the Foundation. Unless applicable law, if any, provides otherwise, the laws of the State of Louisiana, U.S.A., govern the Website and your use of it and this Agreement. If any provision of the Agreement, as applied to either party or any circumstances, shall be adjudged by a court of law to be null and void and unenforceable, such shall in no way affect any other provision of this agreement, the application of such provision in any other circumstance, or the validity or enforceability of this Agreement. Captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of this Agreement or intent of any provision. Any controversy, claim, or dispute arising out of or in relation to this Agreement or the validity, construction, or performance of this Agreement, or the breech thereof, shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association, as said rules may be amended from time to time, with rights of discovery, if requested by the arbitrator. Such rules and procedures are incorporated and made part of this Agreement by reference. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgement based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorney’s fees and costs. Any such arbitration will be held in Lafayette, Louisiana, and any award shall be final, binding, and non-appealable. The parties agree to accept service of process in accordance with the American Arbitration Association rules.