Terms of Use

Thanks for visiting the W. P. Carey Foundation (the “Foundation”) website. These Terms and Conditions (“Terms”), set forth the terms and conditions for your use of the Foundation’s website, www.wpcareyfoundation.org (the “Website”).

Please read these Terms carefully. By using the Website, you agree to be bound by and comply with the Terms, which may be updated from time to time without notice to you. If you do not consent to these Terms, please do not use the Website.

Website Content

All of the content featured or displayed on the Website (“Content”) is protected by copyright law and owned by the Foundation, its licensors and/or its Content providers.

You may reproduce the Content only for personal non-commercial use. Otherwise, you may not reproduce any Content without prior written authorization from the Foundation. To request such permission, please contact us.

Trademarks

W. P. CAREY FOUNDATION, DOING GOOD WHILE DOING WELL, INVESTING FOR THE LONG RUN, and all other trademarks, service marks, or any other indicia of source used on the Website (“Our Trademarks”) are owned by the Foundation or its licensors. You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.

Links to Third-Party Websites

The Website may contain links to websites controlled by third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Website does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from our Website, you do so entirely at your own risk.

Frames; Metatags; Links to the Website

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.

Disclaimers

THE WEBSITE AND ALL CONTENT, AND LINKS AVAILABLE THROUGH IT, ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, AND LINKS AVAILABLE THROUGH IT, WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE THROUGH OUR WEBSITE OR CONTENT AVAILABLE THROUGH LINKS TO THIRD-PARTY WEBSITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE OR CONTENT. IF YOU RELY ON THE WEBSITE AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, ITS CONTENT, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) the Foundation and its directors, officers, employees, agents, representatives and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Website or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

Termination

We reserve the right to terminate the Website or these Terms at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

General

These Terms (which includes the Privacy Policy) are the complete agreement between you and the Foundation regarding your use of the Website and is governed by applicable federal laws and the laws of the New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of the Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

Questions

Please contact us with any questions you may have about these Terms.

Last updated February 11, 2019.