General Terms & Conditions Disclaimer
Your use of this World Wide Web Site (the “Web Site”), including any Content (defined below) or any services operated by The Palm Beach County Literacy Coalition, Inc. d/b/a the Literacy Coalition of Palm Beach County (the “Company”) or third parties through the Web Site (collectively, “Services”), is subject to the following terms and conditions of use (the “Terms”). You agree to the Terms by accessing this Web Site or accepting the information from this Web Site. The Company reserves the right in its sole discretion to change the Terms, and your continued use of this Web Site after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on the Web Site at the time of any visit, you should therefore periodically visit this page to review the current Terms to which you are bound.
No Other Contract:
Except for these Terms and Conditions, no statement on the Web Site constitutes a contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement on the Web Site is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any advertising relationship, of the Company. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
The information and features included in this Web Site, including, but not limited to all information, communications, files, text, graphics, software, products, trademarks, service marks and copyrightable works (the “Content”) have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. However, this Web Site and all Content it contains and Services offered are provided “AS IS.” By using or linking to this Web Site, you assume the risk that the Content on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. In addition to the Content offered by the Company, this Web Site contains content provided by third-parties. The Company does not warrant or guarantee the accuracy, availability or completeness of this information. Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
Copyright and Trademark Information/Restrictions on Use of Web Site:
This Web Site and all of the Content it contains, or may in the future contain is the property of the Company, its affiliate companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions and other copyright laws.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of the Company, its affiliates, its licensors and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Content displayed on the Web Site without the written permission of the Company or such third-party that may own the relevant Trademarks or Content. Your misuse of the Trademarks or Content on the Web Site except as provided in these Terms, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate.
Company may make available to users of this Web Site, e-mail notices, newsletters, message boards, bulletin board services or other interactive facilities by means of this Web Site (collectively, the “Forums”). Company cannot review all communications made on or through the Web Site. Company reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any material which Company in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Company policy.
You agree not to post any threatening or defamatory content on the Web Site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of user of the Web Site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this Web Site or server, or a third party web site or server. You agree not to transmit or post Submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing employment service for the sports industry or otherwise, without the prior written consent of Company.
Requests for permission to reproduce any information contained on this Web Site should be addressed to info@LiteracyPBC.org.
The Company hereby reserves all rights not expressly granted to you. Nothing in these Terms shall be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, publicity or other intellectual property right of the Company or any third-party, except as expressly granted herein.
Changes in Service:
The Company may modify, suspend, discontinue (temporarily or permanently), restrict the use of, charge for or make free all or any portion of this Web Site at any time and without notice or liability. The Web Site may also be temporarily unavailable due to maintenance or malfunction of computer equipment. You agree the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Web Site.
License for User Content:
Certain Services offered through this Web Site accommodate or require user-supplied information, files or communication (“User Content”). Depending upon the nature of the Service, by submitting User Content to this Web Site you grant the Company an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content for the purpose of delivering any Services or products, and you also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Web Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of the Company or others.
Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Disclaimers/Limitations on Liability:
The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any Content, information, facts, views, opinions, statements and recommendations contained in this Web Site. Reference to any product, process, publication or service of any third-party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by the Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.
The Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Web Site. The Company is not responsible for the content or performance of any portion of the Internet other than the www.LiteracyPBC.org domain, including other Web Sites to which this Web Site may be linked or from which this Web Site may be accessed. Such links are provided only as a convenience and not as an endorsement of the content on such third-party web sites. Users are requested to inform the Company of any errors or inappropriate material found on web sites to which this Web Site is or may be linked. The Company reserves the right, in its sole discretion, to terminate a link with any Web Site, which it deems inappropriate or inconsistent with this Web Site. The Company is not responsible for the content of linked third-party sites and does not make any representations, warranties or covenants regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms and conditions of use for such sites.
The use of the Services or the downloading or other use of any Content through the Web Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. The Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Web Site or in connection with any Services or Content offered through the Web Site. No advice or information, whether oral or written, obtained by you from the Company or through or from the Web Site shall create any warranty not expressly stated in these Terms.
COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY.
Disclaimer of Liability for Third-Party Content and Links:
You agree that the Company is not responsible and will not be held liable for any third-party content on the Web Site or any third-party content, products or services available on other Web Sites accessed through links from the Web Site. Links to third-party sites are for your convenience only, and their inclusion on the Web Site does not imply an endorsement, guarantee, warranty or representation by the Company.
Personal Information and Privacy:
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. With the exception of certain types of User Content (such as any User Content associated with donations made to the Company), any non-personal information or material sent to the Company will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of the Company or others.
The Company, a registered 501(c)3 tax-exempt organization, derives much of its financial resources from public donations, including those received by this Web Site. [The Company has contracted the services to process credit card donations submitted through the Web Site. The Company’s banking partner’s secured server encrypts your credit card information and may be safely transmitted over the internet. Your credit card information will not be released by the Company or its banking partner to any other party.] Although the Company makes every effort to ensure the secure nature of this Web Site and its donation function, prospective donors who are unsure of the legitimacy of online donations should contact the Company directly to make a donation by calling (561) 279-9103 or may send a donation to the Company at: Literacy Coalition of Palm Beach County, 3651 Quantum Blvd., Boynton Beach, FL 33426.
Rights Reserved / Change in Terms:
Any rights not expressly granted herein are reserved. The Company reserves the right to make changes to these terms and conditions at any time and for any reason. Notices to you, including notices of changes to these terms, may, at the Company’s discretion, be made either by E-mail, regular mail or by displaying the notices or links to notices on the Web Site. All such changes will become effective 10 days after posting of such notice. Your continued use of the Web Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.
The Company may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice.
Access to this Web Site may be monitored. The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring and the Company’s reuse of such collected information. In addition, any information submitted to the Company through this Web Site is considered non confidential.
By using this Web Site, you agree to indemnify, hold harmless and defend the Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third-party that is based on your use of this Web Site in violation of these Terms.
These Terms shall be construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Web Site or in which the Terms or the Web Site are a material fact.