Applicability of Agreement
This Agreement is intended to apply to you, The Foundation, and the website www.jimmoranfoundation.org.
Your Right to Access and Use jimmoranfoundation.org
The right to access and use jimmoranfoundation.org is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use jimmoranfoundation.org for lawful purposes and pursuant to the terms and conditions of this Agreement. You must be eighteen (18) years of age or older to provide any information on the site for purposes of joining our mailing list and/or signing up to receive newsletters and other communication from The Foundation. You agree also that any individual whose information you provide for purposes of joining our mailing list is at least eighteen (18) years of age at the time you provide such information through the website to us and that you have obtained such individual's permission to provide his or her information to us.
By accessing and using jimmoranfoundation.org (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which The Foundation, in its sole discretion, may make in the future.
Any action by you that, as determined by The Foundation, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying jimmoranfoundation.org shall not be permitted, and may result in your loss of the right to access and use jimmoranfoundation.org.
Intellectual Property Rights
Images and/or videos of people or places displayed on jimmoranfoundation.org are either the property of, or used with permission by, The Foundation. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on jimmoranfoundation.org. Any unauthorized use of the images and/or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on jimmoranfoundation.org, including, without limitation, the names The Jim Moran Foundation, JM Family Enterprises, Inc. and any respective logos are registered and unregistered Trademarks of The Foundation or their rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on jimmoranfoundation.org without the written permission of The Foundation or such third party owners of the Trademarks. Any use of third party Trademarks on jimmoranfoundation.org is done either by permission of the Trademarks' owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting The Foundation any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on jimmoranfoundation.org, or any other content on jimmoranfoundation.org, except as provided in this Agreement, is strictly prohibited. You are also advised The Foundation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The data and content contained on or downloaded from jimmoranfoundation.org (collectively, the "Content") are copyrighted by The Foundation, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Without the prior written consent of The Foundation, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of The Foundation or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of The Foundations intellectual property, or any other harm incurred by The Foundation as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. THE FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
THE FOUNDATION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM JIMMORANFOUNDATION.ORG IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON JIMMORANFOUNDATION.ORG.
Links to Third Party Sites
Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use jimmoranfoundation.org, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of jimmoranfoundation.org.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting The Foundation at firstname.lastname@example.org. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use jimmoranfoundation.org.
The Foundation may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which The Foundation shall have no obligation to disclose to you.
Limitations on The Foundations Liability
THE FOUNDATION SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF JIMMORANFOUNDATION.ORG;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY THE FOUNDATION BY THE FOUNDATION'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON JIMMORANFOUNDATION.ORG.
You shall defend, indemnify and hold harmless The Foundation, its affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of jimmoranfoundation.org.
Third Party Rights
This Agreement is for the benefit of The Foundation, its affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.
The Foundation reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on jimmoranfoundation.org.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of jimmoranfoundation.org following the posting of any such changes shall automatically be deemed your acceptance of the same.
You acknowledge that The Foundation may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, The Foundation shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by The Foundation from time to time, shall survive your acceptance of this Agreement.
This policy is applicable to www.jimmoranfoundation.org, owned and operated by The Foundation and certain of its service providers and affiliates ("Service Providers"). In this policy, The Foundation and Service Providers are referred to collectively as "we," "our" or "us".
Our website does, in a limited manner, use a technology called "cookies". A cookie is a small piece of text that you can agree to place on your computer's hard drive. In most cases, you can set your web browser to prompt you when a cookie request is being made from a web page, such as the jimmoranfoundation.org web page, and you have the option to accept or not. If you accept or do not reject the cookie, then your browser adds the text in a small file. Accepting cookies in no way gives us access to your computer or any personal information about you. It is merely a method of storing information to improve your online experience. It will assist us in making your site visit easier and more productive. Technically, cookies are harmless, occupying just a few bytes on your hard drive. Note that personal information is often contained in or linked to a cookie (such as email address, zip code, etc.). In general, we only collect personal information (which may include first and last name, home or other physical address, e-mail address, and telephone number) for you and/or others when you voluntarily submit it to us to join our mailing list.
At jimmoranfoundation.org, our site may also gather information about which areas of our site receive the most visits and user visit history. We may also use web beacons to count page visits by our users, to access our cookies, and otherwise to improve your experience on our website.
The Foundation will transfer or otherwise disclose the information it collects from its site visitors to employees and independent contractors of The Foundation, its affiliates and Service Providers if the disclosure will enable that party to perform a business, professional, or technical support function for The Foundation. Additionally, we reserve the right to disclose the personally identifiable information you have provided to us as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.
The webmaster for jimmoranfoundation.org can be reached at email@example.com.
Effective Date: March 29, 2011