Terms and Conditions

IMPORTANT - READ CAREFULLY BEFORE ACCESSING, READING OR OTHERWISE USING THIS WEB SITE.

BY ACCESSING, READING OR OTHERWISE USING ANY PORTION OF THIS WEB SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THE BELOW TERMS OF USE.

1. General Rules of Use.

1.1 These Terms of Service govern your access to and use of the web sites www.dawnsfoundation.org, www.dawnsfoundation.com, and www.dawnfoundation.com and all information on or submitted through it, regardless of the manner in which you access the Web Site. In addition to complying with these Terms of Use and the Privacy Policy, you also agree to abide by any and all applicable local, national, and international laws and regulations.

 

1.2 You are hereby granted a non-exclusive, non-transferable, limited right to access, download, read, and make hard-copy printouts of the Web Site for your personal, non-commercial purposes in accordance with the other Terms of Use set forth herein.  Except as expressly permitted herein, you may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer, sale or license of, create new works from, perform, or in any other way exploit, any portion of the Web Site, in whole or in part, without the express written consent of The Dawn Brancheau Foundation, Inc. (the “Foundation”).

 

1.3 To request written consent to use the Web Site in a manner not expressly permitted under Section 1.2 above, please write the Foundation at:

The Dawn Brancheau Foundation, Inc.

9030 Via Belle Notte

Orlando, FL 32836

dawnsfoundation@gmail.com

 

Please include your phone number, contact information and a detailed description of your proposed usage.

 

2. Intellectual Property.

2.1 Except for the license granted herein, all right, title and interest in the Web Site (including, without limitation, all copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity rights and all other intellectual property rights therein) are and shall continue to be the exclusive property of the Foundation and/or its licensors.

 

3. Privacy Policy.

3.1 The Foundation’s Privacy Policy is part of these Terms of Use and is incorporated herein.  Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide, have reviewed and agree with the Privacy Policy.

 

4. Representations, Warranties, Limitations of Liability, Indemnification.

4.1 In making donations or otherwise submitting personal information through the Web Site about yourself or anyone else, you represent and warrant that you are at least eighteen (18) years of age.

 

4.2 THE FOUNDATION DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE WEB SITE, ITS CONTENT OR ITS SERVICES. ACCORDINGLY, THE WEB SITE AND SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (I) THAT YOUR ACCESS TO THE WEB SITE AND SERVICES WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES OR ANY OTHER INVASIVE OR DESTRUCTIVE FORCES, OR (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN THE WEB SITE.  YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

 

4.3 IN NO EVENT SHALL THE FOUNDATION OR ANY PERSON OR ENTITY AFFILIATED WITH THE FOUNDATION BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE WAIVERS AND DISCLAIMERS CONTAINED IN THESE TERMS OF USE IS FOUND TO BE IMPERMISSIBLE, THEN THE LIABILITY OF THE FOUNDATION IS LIMITED TO THE GREATEST PROTECTION PERMITTED UNDER THE APPLICABLE LAWS.

 

4.4 You hereby agree to indemnify, defend and hold harmless the Foundation and all of its members, managers, officers, directors, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively the 'Indemnified Parties') from and against all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, reasonable attorneys' fees, court costs and other legal expenses, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you of these Terms of Use or your above-described representations and warranties contained herein; (ii) any act or omission directly or indirectly related to your performance of these Terms of Use constituting negligence or reckless or willful misconduct; or (iii) any other violation of these Terms of Use whatsoever. Your obligation to indemnify any Indemnified Party will survive the expiration or termination of these Terms of Use by either party for any reason. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs.

 

5. Links.

5.1 The Web Site may contain links to other Internet sites and resources ('Third Party Sites'). The Foundation is not responsible for the availability of these Third Party Sites or the contents thereof. The presence of links to these Third Party Sites does not imply the Foundation’s endorsement of or affiliation with the Third Party Sites. Your use of these Third Party Sites is at your sole risk, and you are solely responsible for compliance with the terms and obligations applicable to the Third Party Sites.

 

6. Modifications in Service and Terms of Use.

6.1 THE FOUNDATION MAY AMEND THESE TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH CHANGES TO THESE TERMS OF USE WILL BE POSTED ON THE WEB SITE AND/OR IN E-MAILS AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY ACCESSING, READING OR OTHERWISE USING THE WEB SITE OR ANY COMPONENT OF THE SERVICE AFTER THE FOUNDATION POSTS ANY SUCH CHANGES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS AMENDED.

 

7. Electronic Transactions.

7.1 The Foundation may deal with you electronically now and in the future during the entire course of activities pursued with you (e.g. obtaining donations), including but not limited to having you electronically sign documents and receive electronic notices.  The Foundation also reserves the right to deal non-electronically and require you to do so.

 

8. Miscellaneous.

8.1 These Terms of Use, including the Privacy Policy, amendments and any: (a) notices, terms and items incorporated in to any of them; (b) additional terms and conditions contained on the Web Site for particular activities or content; and (c) the Foundation’s disclosures and your consents provided on or in connection with the Web Site or any Content; constitute the entire agreement between you and the Foundation regarding the Web Site (“Entire Agreement”).

 

8.2 This Entire Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Any action to enforce this Entire Agreement shall be brought exclusively in the federal or state courts located in Florida.

 

8.3 If any provision of this Entire Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Entire Agreement shall not be affected.

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