Terms and Conditions
You acknowledge and agree that National Mall may temporarily or permanently restrict, suspend or terminate the Terms or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms as determined in National Mall’s sole and absolute discretion, and without prior notice or liability. National Mall will not be liable to you or any third party for any termination of your access to or use of the Site or any content you may have posted on the Site. You agree that you do not have any rights in this Site.
- Ownership, Limited License to Use the Site
National Mall owns and maintains this Site. All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms.
National Mall grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use.
You agree not to download, display or use any National Mall Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of National Mall, in any other manner that is likely to cause confusion among consumers, that disparages or discredits National Mall and/or its licensors, that dilutes the strength of National Mall or its licensor’s property, or that otherwise infringes National Mall or its licensors’ intellectual property rights. You further agree to in no other way misuse any National Mall Content or Third Party Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
- Usage Parameters
Prohibited Uses. The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; © you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you may not use the Site in any manner that could damage or overburden any National Mall server, or any network connected to any National Mall server; (h) you may not use the Site in any manner that would interfere with any other party’s use of the Site; and (i) you may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of National Mall.
User Content. From time to time on certain areas of our Site you may be able to submit images, text, comments, data, code, software, written posts and certain other materials (“User Content”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by National Mall; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; © you will not impersonate any person or organization, including without limitation, the personnel of National Mall, or misrepresent an affiliation with another person or organization; (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. National Mall may cancel your account and delete all User Content submitted by you or otherwise associated with your account at any time, and without notice, if National Mall deems that you have violated these Terms, the law, or for any other reason in National Mall’s sole determination. National Mall assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to National Mall and any entity designated by National Mall, a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Usage policies, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to National Mall or this Site.
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by National Mall in writing.
Unsolicited Ideas. National Mall always welcomes consumer feedback and appreciates your interest in sharing your thoughts with the National Mall. However, it is National Mall’s policy not to accept or consider unsolicited ideas from outside National Mall, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to National Mall, despite National Mall’s policy, National Mall will treat the information as non-confidential and non-proprietary and National Mall will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
Without limiting the previous paragraph, all postings, remarks, suggestions, ideas, graphics, or other information that you communicate to National Mall (collectively, “Submissions”) becomes and remains the National Mall’s property. Accordingly, you agree that (a) National Mall will not treat any such submission as confidential, (b) you cannot sue National Mall or initiate any action against National Mall for using the ideas you submit (including, but not limited to, product or advertising ideas), © National Mall does not have to pay you or anyone else if National Mall uses your Submission or anything similar, and (d) National Mall will have exclusive ownership of all present and future rights to Submissions of every kind, and that National Mall can use them for any purpose, without compensating you or anyone else for them.
- Accounts; Password Protected Areas
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of National Mall. Such passwords will only be issued to current investors in an investment fund sponsored or managed by National Mall, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by National Mall. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by National Mall for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
During any registration process, you must provide complete and accurate information about yourself during the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your password and registration data and any loss caused by your failure to do so is your responsibility. You may not have a user name or ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. You are solely responsible for maintaining the confidentiality of your password and account. Additionally, you are solely responsible for any and all activities that occur under your account. You agree to notify National Mall immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate or disclose any user name, ID, password, or other information that provides you access to the Site. National Mall is not liable for any loss that you may incur as a result of the unauthorized use of your password or account, either with or without your knowledge.
- No Reliance
While National Mall uses reasonable efforts to update the information contained in the Site, National Mall makes no representations or warranties as to the accuracy, reliability or completeness of any information, National Mall Content, or User content, at or on the Site. Any content of the Site is subject to change without notice. Permission by National Mall to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. National Mall makes no representations regarding the amount of time that any National Mall Content or User Content will be preserved.
National Mall does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by National Mall without the prior review and written approval of National Mall.
- Materials to be Consulted in their Entirety
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
- Links to Third Party Web Sites
National Mall has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. National Mall is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. National Mall’s inclusion of links to other websites does not imply any endorsement of any kind by National Mall of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. National Mall disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
- No Warranty
NATIONAL MALL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, NATIONAL MALL CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. NATIONAL MALL, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, , NATIONAL MALL CONTENT, USER CONTENT, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. NATIONAL MALL EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
NATIONAL MALL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. NATIONAL MALL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.
- Limitation of Liability; Indemnification
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of National Mall or any of its officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
You hereby agree, at your own expense, to indemnify, defend and hold National Mall and its officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. National Mall reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of National Mall.
Both you and National Mall acknowledge and agree that no partnership is formed and neither of you nor National Mall has the power or the authority to obligate or bind the other.
These Terms are governed by the internal laws of the District of Columbia, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court for the District of Columbia as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
Any notice to National Mall shall be given in writing and sent by registered mail to Trust for the National Mall, Attention: National Mall TOU Matters, 1300 Pennsylvania Avenue NW, Washington DC, 20004, or at such successor address as designated by National Mall in its sole discretion from time to time.
The failure of National Mall to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of National Mall, shall not be deemed a breach of these Terms.
If National Mall fails to act with respect to your breach or anyone else’s breach on any occasion, National Mall is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
© 2015 Trust for the National Mall. ALL RIGHTS RESERVED.
Last Updated September 24, 2015