Saks Fifth Avenue Foundation Terms of Use

These Terms of Use govern use of the Saks Fifth Avenue Foundation website (the “Site”) provided by Saks Fifth Avenue Foundation (the “Foundation”). By accessing and using the Site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

The Site and its Content are owned by and proprietary to the Foundation and its licensors. Except as expressly provided herein, no right, title or interest in the Site or the Content is transferred to you.

Authority. By using the Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use the Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Use; otherwise, please exit the Site.

Changes to these Terms of Use or the Site. We may change or modify these Terms of Use from time-to-time without notice other than posting the amended Terms of Use on the Site. The amended Terms of Use will automatically be effective when posted on the Site. Your continued use of the Site after any changes in these Terms of Use shall constitute your consent to such changes. The Foundation reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that the Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

Use of the Site and Site Content. Subject to these Terms of Use, the Foundation grants you a very limited license solely to access the Site and to view the Content on the Site, including without limitation, the images, photographs, text, design, graphics, logos and icons (the “Content”). The Site and the Content are strictly for your personal, non-commercial use for lawful purposes and in accordance with these Terms of Use. You may not copy, download, edit, photograph, export, print, display, store, transmit, reproduce, distribute, create derivative works from, publish, share, or attempt to redistribute, reuse or modify the Content for any purpose. All rights not expressly granted in these Terms of Use are expressly prohibited and are reserved and retained by HBC and any of its licensors.

When you access the Site, you agree that you will not:

  • Upload, launch, transmit, distribute, or otherwise make available material of any kind that contains, without limitation, viruses or any other computer code or file or program designed to interrupt, interfere with, disrupt, destroy or limit the Site or the functionality thereof; a Trojan horse, time bombs, “spiders,” worms, spyware, bots, or any other harmful component.
  • Rent, lease, loan, or sell access to the Site to any third party.
  • Engage in any reverse engineering or otherwise attempt to gain unauthorized access to or exploitation of HBC’s computer networks or servers, the Site, or any Content.
  • Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission.
  • Attempt to do any of the foregoing, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of the Foundation. You acknowledge that the Foundation is not responsible for and do not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.

Intellectual Property. You acknowledge that all materials at the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Foundation and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Site are the sole property of the Foundation and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of the Foundation and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of the Foundation and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Foundation. The Foundation reserves the right to enforce their intellectual property rights to the fullest extent of the law.

User Feedback and Other Submissions. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, by e-mail, via social media or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of the Foundation and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

External Links. We may provide links to other websites from time to time that are operated by third parties not affiliated with the Foundation. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. Different terms and conditions and privacy policies may apply to your use of any linked sites. If you decide to access linked websites, you do so at your own risk.

Disclaimer. THE SITE AND THE CONTENT ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, AND HBC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, SECURITY AND NON-INFRINGEMENT.

Limitation of Liability. NEITHER THE FOUNDATION, ANY OF ITS AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR PROVIDING THE CONTENT IS LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law. These Terms of Use are governed by and will be construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of the Website or these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York, New York.

Contact Us. Questions regarding these Terms of Use or the Site should be addressed to:

Email: saksfifthavenuefoundation@s5a.com
Address: 225 Liberty Street, 24th Floor, New York, NY 10281

Donate

The Saks Fifth Avenue Foundation is recognized as exempt under Internal Revenue Code section 501(c)(3) and is classified as a private foundation. Our annual report may be obtained upon request from Saks Fifth Avenue Foundation or from the NY State Attorney General Charities Bureau. Our address is 225 Liberty Street, 24tth Floor, New York, NY and the Charities Bureau address is 120 Broadway, 3rd Floor, New York, NY 10271.

Charitable contributions to the Saks Fifth Avenue Foundation are deductible from U.S. federal income tax, less the value of any goods and services received and subject to all applicable requirements and limitations of U.S. law. The Saks Fifth Avenue Foundation is not a registered charity in any country other than the U.S., and donors in other jurisdictions should consult their own advisors regarding any tax consequences of a contribution to the Saks Fifth Avenue Foundation.