Terms and Conditions

Last Updated: February 1, 2023

Welcome to this BentleyGraceFoundation.org website ("Website") made available to you by Bentley-Grace Foundation Inc. (“Bentley-Grace Foundation”). Your access to and use of this Website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this Website, so that you fully understand your rights and responsibilities. By accessing or using this Website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference. 

If you do not agree to the following Terms of Use, do not access or use this Website, and instead contact Bentley-Grace Foundation in writing or via telephone listed below for further information. 

Bentley-Grace Foundation may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes. 

Site Information: 

Information displayed on this Website may change without notice. Bentley-Grace Foundation reserves the right to modify such information without any obligation to notify past or current Website users. Bentley-Grace Foundation makes no representations that the materials on this Website are appropriate or available for use in any particular state or other countries besides the United States. When accessing this Website you are solely responsible for compliance with the laws of the state or country in which you live. 

All offers set forth on this Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers. Some services offered on this Website may not be available in certain areas. 

Your Account: 

You may visit this Website without registering with Bentley-Grace Foundation, but you will be required to register with us to use certain features and functionality of Bentley-Grace Foundation. Any such registration and use of the Bentley-Grace Foundation services is subject to the Bentley-Grace Foundation Terms and Conditions of Service. 

Privacy Policy: 

By accessing and using this Website, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference. 

Intellectual Property Rights: 

Copyright 2023 Bentley-Grace Foundation INC. All rights reserved. 

All text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Website are Bentley-Grace Foundation intellectual property, unless otherwise noted. The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Bentley-Grace Foundation appear throughout this Website. This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Bentley-Grace Foundation or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. 

Use of this Website: 

You may download and print one (1) copy of this Website’s content for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this Website without the prior written consent of Bentley-Grace Foundation. 

No Liability: 

In no event will Bentley-Grace Foundation or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Website or any linked website or to any material, information, data, products, or services obtained through this Website, or otherwise arising out of your use of this Website, your inability to use this Website or any decision made or action taken by you in reliance of any information, advice or materials provided on this Website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Bentley-Grace Foundation has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Website. 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you. 

No Warranty: 

Bentley-Grace Foundation makes all commercially reasonable efforts to ensure that all material, information and data on this Website is accurate and reliable; however, accuracy cannot be guaranteed. This Website is provided by Bentley-Grace Foundation on an “AS IS” basis. Bentley-Grace Foundation disclaims all warranties with respect to this Website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 

Bentley-Grace Foundation does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Website or any material, information or data downloaded or otherwise obtained through use of this Website; (2) the results that may be obtained from the use of this Website or the use of material, information or data obtained from this Website; (3) that use of this Website or any materials on this Website will meet any users requirements; (4) that access to the Website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Bentley-Grace Foundation has no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. 

You acknowledge and agree (1) that your use of this Website and any material, information or data downloaded or otherwise obtained through the use of this Website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this Website or its content will be liable to users of this Website for any damage resulting from use of this Website or use of material, information or data downloaded or otherwise obtained from this Website, nor are such parties in any way responsible for the conduct of users of this Website or for information posted or exchanged on this Website. 

No advice or information, whether oral or written, obtained by you from Bentley-Grace Foundation or in any manner from this Website creates any warranty. 

Third-Party Websites: 

This Website may link to, or be linked to, other websites not maintained by or related to Bentley-Grace Foundation. All links are provided only as a service to our visitors. Bentley-Grace Foundation is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Website. Bentley-Grace Foundation has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate. 

If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link, and use thereof, must be in connection with a website of appropriate subject matter that furthers the mission of Bentley-Grace Foundation; (3) the link, and use of the link, may not (or have the potential to) damage or dilute the goodwill associated with Bentley-Grace Foundation names and marks; (4) the link, and use of the link, may not create the false appearance that an entity other than Bentley-Grace Foundation is associated with or sponsored by Bentley-Grace Foundation; (5) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (6) Bentley-Grace Foundation reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice. 

Indemnification: 

You agree to indemnify, defend and hold harmless Bentley-Grace Foundation, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Bentley-Grace Foundation or any other person or entity. 

Interpretation and Disputes: 

These Terms of Use are governed by the laws of the United States and the State of Georgia, without regard to any conflict of laws provisions. Venue is exclusively in Fulton County, Georgia with respect to any dispute arising under these Terms of Use, unless otherwise agreed by Bentley-Grace Foundation in its sole discretion. If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable then the provision will be severed and the remaining terms of these Terms of Use will be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises. 

Any claim or proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED, AT BENTLEY-GRACE FOUNDATION SOLE DISCRETION, THROUGH INDIVIDUAL CLAIMS OR ARBITRATION. 

Mandatory Arbitration: 

Any claim, dispute, or controversy arising from or relating to this Website (or any prior agreement between you and us with respect to the Site), or the relationships which result from this Agreement (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim”), will be, upon the election of us, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. 

THE PARTIES UNDERSTAND THAT THEY MAY HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Bentley-Grace Foundation may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages or other similar requirement. 

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction. 

Entire Agreement: 

By your access or use of this Website, you agree to these Terms of Use. These Terms of Use, together with the Bentley-Grace Foundation Terms and Conditions of Service and Bentley-Grace Foundation constitute the entire agreement between you and Bentley-Grace Foundation with respect to your access and use of this Website. If you register to use the Bentley-Grace Foundation services, the Terms and Conditions of Service and Privacy Policy will also apply. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Bentley-Grace Foundation. These Terms of Use will inure to the benefit of Bentley-Grace Foundation successors and assigns. 

Electronic Communications: 

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Bentley-Grace Foundation may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference. 

Contact Information: 

If you have any other questions or concerns regarding these Terms of Use, please contact us at: 

lee@BentleyGraceFoundation.org or by mail: 

Bentley-Grace Foundation INC (Website Terms of Use) 

2660 W Wesley Road, NW

Atlanta, GA 30327 

or by phone at: +1 404.916.2080