Skip to main content

Pershing Square Philanthropies

Terms of use

PERSHING SQUARE PHILANTHROPIES

TERMS OF USE

 

Last Updated:  February 6, 2025

These “Terms of Use” (“Terms”) apply when you visit or use a website, service, mobile application, or other content (collectively, the “Site”) provided by the Pershing Square Philanthropies: Pershing Square Foundation, The Bill Ackman and Neri Oxman Foundation and The Oxman-Ackman Family Fund (individually and collectively referred to herein as “PSP”, “we”, “us”, or “our”) that link or refer to these Terms.

Please read these Terms carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.pershingsquarephilanthropies.org/privacy, incorporated herein by reference, in each case, as amended from time-to-time, including the disclaimer of warranties and limitations of liability set forth in these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

 

1.     Eligibility

The Site is only available to users who can form legally binding contracts under applicable law.  By accessing or using the Site, you represent and warrant that (a) you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen, and (b) if you are using the Site on behalf of an entity, you are authorized to accept these Terms on that entity’s behalf.

2.     Future Changes to These Terms

These Terms may change at any time in our sole discretion, and you should review them regularly. Amendments to these Terms will become effective immediately when posted to the Site unless otherwise specified and apply to all access to and use of the Site thereafter. Your use of the Site after the effective date of any updated Terms posted on the Site constitutes your consent to the updated Terms.

3.     Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

4.     Ownership and Intellectual Property

The Site may contain (without limitation) information, materials, data, text, software, music, sound, photographs, graphics, video, messages, instructional documents and any other materials (collectively, the “Content”). The Site and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary rights laws. All title, ownership rights, and intellectual property rights in and to the Content and Site are owned by PSP or our licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and the Site solely for your own personal, non-commercial and internal purposes. You may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Site or Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. Use of the Site or Content for any purpose other than what is described in this Section is prohibited. All trademarks, service marks, logos, trade names, and any other proprietary designations of PSP used herein (collectively, the “Marks”) are trademarks or registered trademarks of PSP, our affiliates, licensors, third-party content providers or other suppliers. You may not use any of our trademarks, logos, or trade dress without our express written consent. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our express written consent. All rights not expressly granted to you in this Section are reserved.

5.     Restricted Use

As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include the following:

  • You must not use the Site in any way that may damage, overburden, or impair the Site or its availability, including any denial-of-service or similar attacks;

  • You must not use the Site in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity (including any laws regarding the export of data or software to and from the United States or other countries);

  • You must not use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • You must not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or PSP, including using another person’s login credentials;

  • You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software;

  • You must not copy, modify, distribute, sell or lease any part of the Site or its Content or its software, nor may you reverse engineer or attempt to extract the source code of that software;

  • You must not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the Site;

  • You must not use the Site to send spam, surveys, or any unsolicited commercial communications;

  • You must not use the Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent;

  • You must not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by PSP, may cause damage to PSP’s business, reputation, employees, members, facilities, or to any other person or legal entity;

  • You must not link or shortcut to the Site from your website, blog or similar application, except as expressly permitted in Section 7 of these Terms; and

  • You must not use the Site or Content in a way that suggests that you are a representative of PSP or for any lobbying or political activities.

6.     Links from This Site

We make no representation, warranty or endorsement, express or implied, as to any of the information, services, products or messages on any other websites which may be accessed through a hyperlink on the Site.  In particular, these links are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating the website or a warranty or endorsement of any type regarding the website or the information, services, products or messages posted on or available from such website.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7.     Linking from Other Websites

We may grant the owner of a website written permission to use a hyperlink to this Site from its website, provided: (a) any such link must clearly be marked with a credit to us; (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with our name and our Marks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that any other entity is associated with or sponsored by us; and (d) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website. The owner of any website with a hyperlink to this Site agrees to the foregoing terms and agrees to delete any such link upon notice from us that such permission has been revoked, which notice may be given at any time and for any reason. If these Terms are inconsistent with any separate agreement between you and us with respect to syndication of content and/or other use of a hyperlink to this Site, the terms of that separate agreement will control.

8.     User Feedback and Submissions

You may provide to PSP feedback, ideas, remarks, data, reports, surveys, or other suggestions regarding the Site, Content, or any service of PSP (“Feedback”). In addition, for the purposes of responding to a request for proposal, seeking funding for a grant, proposing or otherwise providing information regarding actual or potential research, or for the general furtherance of our mission, you may submit to PSP proposals, documents, communications, and associated materials (“Submissions”). You acknowledge, confirm, and agree that: (i) your Feedback or Submissions do not infringe or violate the rights of others or contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback or Submissions; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback or any Submission for any purpose; and (iv) you are not entitled to any compensation or funding of any kind from us for your Feedback or any Submission. You hereby grant to PSP a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell and sell, rent, lease or lend copies of your Feedback or any Submission (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, and in PSP’s sole discretion, to publish your name and other information about you in connection with your Feedback or Submissions. The foregoing license is in addition to any licenses (if any) that you may be required to provide under any separate agreement between us and you (including grants or other agreements).

9.     Event Photography and Recordings Release

If you attend any events produced or sponsored by or on behalf of PSP, you hereby acknowledge and agree that PSP may have photographs and audio and/or visual recordings taken at such events and you hereby agree that PSP, its affiliates, partners, licensees and vendors shall have the perpetual, irrevocable, worldwide right to use such photographs and audio and/or visual recordings in which you appear, in any and all media now known or hereafter devised or discovered, for any purpose (including advertising and marketing) related to PSP, its affiliates , partners, licensees or vendors.

10.  Third-Party Video Content

PSP displays certain Content via the YouTube and Vimeo embedded player on the Site. By accessing or using this Site, you agree to be bound by YouTube’s terms of service (https://www.youtube.com/t/terms) and Vimeo’s terms of service (https://vimeo.com/terms).

11.  Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to the Site, and there may at times be inadvertent technical or factual errors or inaccuracies.

YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PSP AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND YOUR USE THEREOF. PSP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. PSP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PSP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

TO THE FULLEST EXTENT PROVIDED BY LAW, PSP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

PSP SHALL ALSO HAVE NO LIABILITY WHATSOEVER FOR ANY UNAVAILABILITY OF THE SITE OR FOR ANY LOSS OF DATA OR TRANSACTIONS CAUSED BY PLANNED OR UNPLANNED SYSTEM OUTAGES OR THE RESULTANT DELAY OR NON-DELIVERY OF INFORMATON CAUSED BY SUCH SYSTEM OUTAGES, OR ANY THIRD-PARTY ACTS OR ANY OTHER OUTAGES OF WEB HOST PROVIDERS OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE.

12.  Limitation of Liability

IN NO EVENT SHALL PSP, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ITS CONTENTS IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

13.  Indemnification

You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify and hold harmless PSP, our officers, directors, employees, consultants, affiliates, subsidiaries, licensees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising out of or in any way connected with: (a) your use of or access to the Site; (b) your violation of any term of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right, or publicity, confidentiality, property, or privacy right and (d) any disputes or issues between you and any third party. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim, and you shall not in any event settle any matter without our prior written consent.

14.  Privacy Policy

Please see our Privacy Policy [https://www.pershingsquarephilanthropies.org/privacy] which describes how we manage and protect personal information. Our Privacy Policy is incorporated into these Terms.

15.  Termination

We may deny or suspend access or terminate your use of the Site in our sole and absolute discretion at any time and without prior notice. We may suspend or terminate the Site and terminate the Terms, in our sole and absolute discretion at any time and without prior notice and take whatever action we deem necessary to preserve the integrity of the Site and Content. Termination will not limit any of PSP’s rights or remedies. Sections 4 (Ownership and Intellectual Property), 6 (Links from This Site), 8 (User Feedback and Submissions), 9 (Event Photography and Recordings Release), 10 (Third Party-Video Content), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Privacy Policy), 15 (Termination), 16 (Notice to California Residents), 17 (Governing Law), and 18 (Waiver of Class Action) will survive termination. The foregoing does not impair the enforceability of additional agreements you enter into with us, such as an agreement for a grant. You also agree that we may disclose any information we have about you, including your identity, if we determine that such disclosure is needed in connection with any investigation or complaint about your use of the Site or to identify, contact, or bring legal action against you or someone who may be injuring or interfering with our rights or property or the rights of users of the Site.

16.  Notice to California Residents

BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

17.  Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with these Terms is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. If any of these Terms is (for any reason) held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect. YOU AND PSP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18.  Waiver of Class Action

YOU AGREE THAT YOU WILL BRING CLAIMS AGAINST PSP ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

19.  General Terms

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PSP without restriction. Section titles are for convenience only and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” The word “or” shall be inclusive and not exclusive. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. Both you and PSP warrant to each other that, in entering these Terms, neither PSP nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PSP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.