Frank Edward Piccolo Foundation Website Terms and Conditions of Use

These Terms and Conditions of Use (“Terms and Conditions”) are an agreement between you and The Frank Edward Piccolo Foundation, LLC (“Foundation,” “we,” “us,” and “our”), and govern your use of the Foundation’s website located at www.frankedwardpiccolo.org and any other website on which links to these Terms and Conditions are displayed (collectively, the “Site”). Your access to and use of the Site is subject to the following Terms and Conditions and all applicable laws. These Terms and Conditions may be changed by us from time to time without notice to you, and the latest version will be posted on the Site. You should review these Terms and Conditions when you use the Site to ensure that you have a current understanding of the most recent Terms and Conditions. The Site is not intended for children under the age of 13 years. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions.

Ownership

Unless otherwise indicated, the Site and its design, text, content, and other matters related to the Site (“Content”) are protected under applicable copyrights, trademarks and other proprietary laws (including, but not limited to, intellectual property laws), and all rights therein are the property of the Foundation or the material is included with the permission of the rights owner. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, without our express prior written permission. The Foundation grants you permission to lawfully access and use the Site to display, download, archive and print, portions of the Site on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

The custom graphics, button icons, trademarks, service marks and logos appearing on the Site, (whether registered or not) and/or trade dress (collectively, the "Marks") that are mentioned, displayed or cited on the Site are the property of the Foundation or their respective owners as indicated on the Site. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or any other materials contained herein, except as permitted herein, is expressly prohibited.

Data Protection Consent

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us.

User-Submitted Content

The Foundation allows users to submit comments via email (collectively “User Content”) that may be posted on the Site or otherwise made available to users of the Site in the sole discretion of the Foundation.

By submitting any User Content for our Site, you are granting the Foundation ownership of all right, title, and interest therein, and the Foundation will have the perpetual, irrevocable, worldwide, royalty-free right, as the owner of the User Content, to reproduce, modify, display, distribute, perform, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, and the right to grant third parties the right to exercise any of the foregoing rights or any other rights the Foundation may possess as the owner of the User Content, without notification or compensation to you, and without your consent. The Foundation reserves the right at all times to disclose any User Content or information as is necessary to satisfy any law, regulation or governmental request. The Foundation, in its sole discretion, may edit, refuse to post or remove any User Content, in whole or in part, for any reason, including, without limitation, User Content that is objectionable or in breach of these Terms and Conditions.

It is a condition of these Terms and Conditions that you do not:

  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent User Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • post or transmit any User Content which violates or infringes upon the rights of others, including User Content which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;
  • post or transmit any User Content which contains a virus or other harmful component; or
  • post, or transmit or in any way exploit any User Content for commercial purposes which contains advertising, promotions or marketing.

By providing User Content, you warrant and represent that you own the copyright for such User Content. The Foundation reserves the right to remove any User Content without notice and with or without cause, at any time, in its sole discretion, and to terminate your access to, and use of, the Site, or to censor, edit or block your email communications with the Foundation.

Links to Third-Party Websites

The Site may contain links to sites that are not operated by the Foundation ("Third Party Sites"). Links to Third Party Sites are provided for your reference and convenience only and do not imply any endorsement of the activities of these Third Party Sites, nor any association with their operators. The Foundation does not control Third Party Sites and is not responsible for their data practices. We urge you to review the privacy policy posted on any Third Party Site you visit before using the Third Party Site or providing any personal information about yourself.

Disclaimers

You are responsible for researching whether events, projects, and volunteer opportunities (“Activities”) that you learn about through the Site or a Third Party Site are appropriate for you or your family. The Foundation makes no warranties as to the suitability or safety of any such Activities and YOU HEREBY RELEASE THE FOUNDATION AND ITS AFFILIATES, AGENTS, AND SUCCESSORS FROM ANY AND ALL CLAIMS AND LIABILITY relating IN ANY WAY to your participation in the Activities.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR THE CONTENT, WHICH ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE SITE, THEIR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, personal injury, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms and Conditions may not apply to you.

Your Obligations

If you wish to register on our Site (including without limitation registration for any specific promotions or activities offered through our Site), you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted in the applicable page, and (b) maintain and promptly update your information to keep it true, accurate, current and complete.

You agree to use the Site in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. The Foundation reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Site.

Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Site. These special rules will be posted on or linked from the relevant portions of our Site or the portions of our Site that describe the specific promotions or activities. These additional rules are part of these Terms and Conditions, and you agree to comply with them when you participate in those promotions or activities.

Intellectual Property Policy

The Foundation respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available on the Site in a way that constitutes copyright infringement, please send a notice of the alleged infringement to the Foundation including all of the following information:

  • An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
  • A description of the work that you claim has been infringed (including the URL, location on the web site, title and/or item number (if applicable) or other identifying characteristics);
  • Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
  • A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement to the Foundation’s agent for notice of claims of intellectual property infringement by any of the following:

  • Attn: Copyright Agent
  • E-mail: (containing an electronic or physical signature) info@frankedwardpiccolo.org
  • Fax: 480.947.9393
  • Mail: The Frank Edward Piccolo Foundation
  • 7077 E. Marilyn Road, Suite 130
  • Scottsdale, AZ 85254

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.

General

These Terms and Conditions (together with our Privacy Policy, which is incorporated herein) contain the entire understanding between you and us with respect to use of the Site. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of the State of Arizona in the United States of America, without regard to conflict of law principles. The Site is intended to be accessed only by persons in the United States. Access to, or use of, the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of Arizona and venue therein to resolve any controversy or claim arising out of or relating to use of the Site. If you have any questions, you may contact us by email, phone or mail at:

info@frankedwardpiccolo.org

Frank Edward Piccolo Foundation
7077 E. Marilyn Road, Suite 130
Scottsdale, AZ 85254
Phone: 480.850.1500

 


© 2008 The Frank Edward Piccolo Foundation - Terms & Conditions - Privacy Policy