Last Updated: November 4, 2023
If you do not agree with any part of this Agreement, you must not use our Site. You represent and warrant that you are at least eighteen (18) years old and possess the legal right and ability to agree to this Agreement.
Site Content; Reservation of Rights
Except as otherwise provided by a third party, all trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Site are registered or unregistered trademarks of FHF and/or its licensors. You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of FHF and/or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of FHF and/or our licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FHF and/or our licensors. The Site contains copyrighted material, Trademarks, trade dress, and other proprietary content, including but not limited to, text, documents, reports, research, software, applications, sound, photographs, images, logos, video, and graphics, and including the entire selection, coordination, arrangement, and “look and feel” of the Site (collectively, the “Content”). Neither this Agreement nor your use of the Site transfers any right, title, or interest in the Site or the Content to you. FHF and our third-party licensors retain all of our and their respective right, title, and interest to the Site and Content. Any rights not expressly granted are reserved. The misuse of the Trademarks displayed on the Site, or any other Content on the Site, is strictly prohibited.
Limited Right to Use; User Conduct
Grant of Rights
You may access and use our Site for your personal use and strictly in accordance with this Agreement, and you may download the Content on our Site for your personal use only and only for the purposes for which we provided you access to the Site. You must retain all copyright notices and other proprietary notices contained in the Content, as applicable.
Restrictions on Use
You may not, and may not permit or encourage any other person to, distribute, copy, reproduce, display, republish, download, prepare derivative works of, or transmit any Content on our Site for commercial or non-personal use without prior written approval of FHF. You may not “mirror” any Content or information contained on our Site on any other server without prior written permission from FHF. Any unauthorized use of any Content contained on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same.
Except as otherwise expressly permitted by FHF and/or our affiliates, any access or attempt to access other areas of FHF and/or our affiliates’ computer systems or other information contained on the systems for any purposes is strictly prohibited.
In addition, you shall not (and shall not authorize or encourage any other person to):
- Delete, modify, hack, or attempt to change or alter any of the Content on the Site;
- Remove, delete, alter, or obscure any Trademarks or any copyright or other intellectual property or proprietary rights notices from the Site or any Content;
- Reverse engineer, disassemble, decompile, or decode the Site or any Content therein, in whole or in part;
- Use any robot, spider, other automatic device, or manual process to “screen scrape,” “monitor,” “mine,” or copy the Content on our Site;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
- Provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity;
- Post or transmit through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
- Take any action that imposes an unreasonable or disproportionately large load on FHF and/or our affiliates’ infrastructure;
- Disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program that may damage the operation of another’s computer or the property of another;
- Commercialize access to or use of the Site or Content; or
- Engage in any other activity deemed by FHF to be in conflict with the spirit or intent of this Agreement.
FHF may provide you with a mechanism to propose or provide any ideas, suggestions, enhancements, requests, recommendations, or other feedback regarding our services, the Site, and/or the Content (“Feedback”). If you do provide such Feedback to FHF, then you hereby assign all rights, title, and interests, including all intellectual property rights, in and to such Feedback to FHF. You agree that we may, in our sole discretion, use such Feedback in any way, including in future modifications of the Site or in other FHF services, without compensation to you or any other person sending Feedback. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Although we attempt to ensure the integrity and accurateness of our Site and all Content therein, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within this Site, including, but not limited to, the information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Site. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. Further, we do not represent or otherwise warrant that our Site will be error-free, free from viruses or other harmful components, or that we will correct any errors. We may make changes to the features, functionality or content of our Site or our services at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Site or services at any time without notice.
You understand that to the extent you post, upload, input, submit, or otherwise provide (collectively, “Post”) certain of your information, data, or other materials in connection with the Site (“User Content”), whether publicly posted or privately transmitted, you agree to provide true, accurate, and complete information. Your decision to Post any User Content in connection with our Site is voluntary. If you choose to Post, you shall be responsible for the accuracy, quality, and legality of the User Content provided by you. By Posting User Content to the Site, you grant to FHF and its affiliates the worldwide, irrevocable, perpetual, nonexclusive, royalty free, right and license to use, process, access, display, reproduce, adapt, edit, publish, distribute, copy, host, store, and otherwise exploit such User Content as reasonably necessary to perform our obligations under this Agreement or as otherwise expressly set forth herein. You represent and warrant that (a) you own and control all of the rights to the User Content that you Post or you otherwise have the right to Post such User Content and to grant the rights granted herein and that online publication of the User Content you provide does not violate this Agreement or applicable law and will not violate any rights of any third parties, or otherwise cause injury to any person or entity. FHF will not pay you for User Content or to exercise any rights related to User Content set forth in this Section.
YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE POSTING OF USER CONTENT TO FHF. Under no circumstances will FHF be liable in any way for any User Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any User Content Posted. You acknowledge that FHF may or may not pre-screen User Content, but that FHF shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, move, or remove any User Content that is available via the Site and which violates the terms of this Agreement.
Linked Sites; Third-Party Content
The Site may contain links to other websites on the Internet, which are not maintained by us and with which our connection consists of only a hyperlink (“Linked Sites”). When you leave the Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.
Merchants; MERCHANT DISCLAIMER
FHF may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services, including items related to FHF. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.
FHF shall not be liable for any decision made or action taken by you based upon reliance on information or materials provided by the Merchants. You acknowledge and agree that FHF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the content of and/or your use of or purchase of products or services from any Merchants, including any transactions completed in or through the same. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER LINKED SITE.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FHF IS PROVIDING THE SITE AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, CONTENT, INFORMATION, OR OTHER MATERIALS INCLUDED ON THE SITE. FHF DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. FHF DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. FHF DOES NOT WARRANT THAT THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
FHF DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. IN ADDITION, THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FHF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE OR ANY OTHER LINKED SITES.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
You agree to indemnify and hold harmless FHF, our affiliates, partners, agents, officers, employees, subcontractors, successors, assignees, and suppliers harmless, and at our option defend the foregoing, from and against any liability, claims, damages, obligations, actions, lawsuits, losses, judgments, fines, penalties, costs, or expenses (including reasonable attorneys’ fees) incurred by or brought against FHF related to or arising out of your use of our Site, Content, or Services, or your violation of this Agreement or the violation of any rights of a third party.
LIMITATION OF LIABILITY
IN NO EVENT WILL FHF AND/OR OUR LICENSORS OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO THE USE OR INABILITY TO USE THE SITE, THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FHF AND/OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT PROVIDED ON THE SITE.
IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND FHF OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, THE AGGREGATE LIABILITY OF FHF AND/OR OUR LICENSORS AND ANY OF THEIR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SITE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FHF. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Any claim or cause of action arising out of or related to your use of the Site, this Agreement, or your use of the Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Content and any intellectual property rights therein, FHF may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents: (a) to the non-exclusive jurisdiction of the courts of the State of Florida, or to any federal court located within the State of Florida, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies; and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be as set forth herein.
Modification of this Agreement
We may make changes to this Agreement from time to time. We will post updates and changes to the Site. The date that this Agreement was last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and this Agreement to check for any changes that may impact you, and if you do not accept such amendments, you must cease using the Site. Your continued use of the Site after we have made updates to this Agreement is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted.
If a court of competent jurisdiction rules that a provision of this Agreement is invalid, such provision shall be ineffective only to the extent of such invalidity, and the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Governing Law; Venue
This Agreement, and any and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement or the negotiation, execution or performance hereof shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provisions. The parties hereby submit to the exclusive jurisdiction of and venue in any state or federal courts located in Jacksonville, Florida with respect to any and all disputes concerning the subject of this Agreement and waive all rights to assert arguments of an inconvenient or improper forum.
If you have questions, concerns or inquiries regarding this Agreement, the practices of FHF, or your dealing with the Site, please contact us at:
By Mail: Family Heart Foundation
5548 First Coast Hwy
Fernandina Beach, FL 32034
By Email: email@example.com