Terms of Service
1. General Rules of Use.
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
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.
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.
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.
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.
8.2 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.