IMPORTANT: Please review the following terms and conditions carefully. These Terms and Conditions of Use are a legally binding contract between you and the Gabriel Family Foundation ("GFF" or "our" or "we" or "us"), pertaining to the access and use of the services offered and all products, information, content, media, printed materials and "online" or other electronic documentation accessible from: www.gabrielfamilyfoundation.org or any sub-domains thereof or other websites operated by or for GFF (collectively, the "Sites").
The Sites are all offered by GFF to you free of charge on the express condition that you accept, without modification, and abide by these Terms and Conditions of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully, as your use of the Sites constitutes your acceptance of these Terms and Conditions of Use. GFF reserves the right to change the Terms and Conditions of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms and Conditions of Use each time that you view the Sites.
Restrictions on Use of Materials
Unless otherwise indicated, GFF or its licensors holds the copyright to all materials on the Sites, including without limitation, audio/visual clips, content, design, graphics, icons, images, logos, photographs, research materials, sound recordings, text, tutorials, and white papers. Additionally, GFF owns all of the logos, service marks, mottos, slogans, and trademarks, (collectively the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of GFF, no material from the Sites (including, without limitation, the Marks), may be copied, digitized, displayed, distributed, downloaded, modified, posted, printed, reproduced, republished, translated, transmitted, or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark, and other laws. We retain all rights not expressly granted, and nothing in these Terms and Conditions of Use constitutes a waiver of any rights under copyright laws or any other federal, state, or local law, regulation, ordinance, or treaty. Nothing in these Terms and Conditions of Use should be construed as conferring by implication, estoppel, or otherwise any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of GFF or any third party.
GFF may allow viewing and may limit printing the data, documents, information, and web pages located on the Sites to or for your own personal use but will not allow viewing and/or printing for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to GFF and if possible provide a reference to GFF’s main site www.gabrielfamilyfoundation.org (iii) the material must be printed in its entirety without modification, reformatting, adaptation, or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is GFF's material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and Conditions of Use and they must agree to abide by these Terms and Conditions of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by GFF or its licensors.
General Indemnification
You agree that you will hold harmless GFF, its officers, directors, employees, volunteers, licensors, and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
In no event and under no circumstances shall GFF or the contributors of information to the Sites or our sponsors, licensors, or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms and Conditions of Use fail of their essential purpose.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. All errors, mistakes, omissions, results, etc., are purely accidental, unintentional, and without malice of forethought. The GFF specifically and generally disclaim all responsibility for any damage, loss, or risk, personal or otherwise, which is or may be incurred as a consequence, directly or indirectly from the application, enjoyment, or use of the Sites. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software, or other material accessible from the Sites is free of viruses, worms, Trojan horses, or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS AS PART OF THE UNITED STATES OF AMERICA. GFF MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. GFF MAKES NO REPRESENTATION THAT THE SITES, SERVICES, OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Disclaimer Regarding Translated Content
In addition to the general disclaimer of warranties provided under these Terms and Conditions of Use, GFF does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. GFF is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.
Website Services
Services. In furtherance of its mission, GFF may offer from time to time certain services or features on the Sites (including without limitation, online donations and tutorials) (collectively, the "Services"). The following terms under these Terms and Conditions of Use pertain to your ability to use the Services made available by GFF on the Sites. GFF will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms and Conditions of Use, only for as long as your use of the Services are helping GFF to fulfill its mission.
Parental Consent. By viewing the Sites and utilizing the Services, you are certifying that you are 18 years of age or older. If you are under the age of 18, viewing or utilizing the Sites or Services equates to parent or legal guardian giving permission for each minor child who may view or use the Sites or Services. By donating on behalf of a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services. You should understand that we may disclose any activity under the minor child's name to the parent or legal guardian.
Availability of Service. GFF reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content, or email will be retained and the maximum amount of disk space that will be allotted on GFF’s servers on your behalf. You acknowledge that GFF reserves the right to at any time and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GFF shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services.
OnLine Donations. In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card, and email. You are responsible for the accuracy of the information supplied by you to GFF. By providing such information to GFF by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete, and correct and that you shall have lawful right to provide such information to GFF for use in processing or receiving your donations from the Sites. In order to make donations online using the payment method displayed on the Web site (e.g., VISA, MasterCard, PayPal, etc.), you must be 18 years of age or over. By using the Sites' payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing GFF or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms and Conditions of Use. Billing to your credit card or to your account occurs at the time of donation or shortly thereafter. All donations to GFF on the Sites are subject to GFF’s standard terms and conditions, which contain certain warranty and liability limitations. You agree that you are responsible for all charges incurred by your use of the Sites, and you expressly authorize GFF to charge the credit card provided by you or on your behalf for any donations submitted online via the Sites.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD GFF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY GFF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS PERTAINING TO GFF'S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME, OR CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY, OR EXPENSE ARE BASED IN WHOLE OR IN PART ON GFF'S OWN NEGLIGENCE. IN NO EVENT, SHALL GFF'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for Services & Sites
You will not and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance, or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex, or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on GFF or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of GFF’s or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Sites users or attempt to gain access to other Sites users' data and/or information or otherwise mine information about other Sites users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to GFF's public image, goodwill, reputation or mission.
In addition you will not and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of GFF or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of GFF or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR SITES AND SERVICES ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
These Terms and Conditions of Use are effective from the date that you first access the Sites or utilize the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms and Conditions of Use.
GFF may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms and Conditions of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated Services discontinuance); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms and Conditions Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the GFF or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by GFF to be in its best interest.
Your access to the Sites or the Services also will automatically terminate if you fail to comply with any term or provision of these Terms and Conditions of Use. You agree that any termination of your access and/or use of or to the Sites or the Services may be effected without prior notice and you acknowledge and agree that GFF may immediately deactivate or delete or deny all related information, files or content regarding your Sites and Services use or access and/or bar any access to such information or content by you or others. GFF shall not be obligated to return or provide copies of any information, files, or content of your Sites and Services history to you upon deactivation.
You acknowledge that our entire liability and your exclusive remedy under these Terms and Conditions of Use for any dispute with us shall be your right to terminate your access and/or use of the Sites and/or Services in accordance with this section.
You further agree that the GFF shall not be liable to any third-party for any termination or deactivation of your access to data or information or the Sites or Services.
Upon termination, GFF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to GFF with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms and Conditions of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms and Conditions of Use shall be construed to obligate GFF to maintain and support the Sites, or any part or portion thereof, during the term of these Terms and Conditions of Use.
Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. GFF does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms and Conditions of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please notify GFF whose contact information is provided below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GFF to locate the material.
- Information reasonably sufficient to permit GFF to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Gabriel Family Foundation mailing address of record is listed below.
By mail: Post Office Box 852823 Mesquite Texas 75185.
Equitable Remedies
You agree that, if the terms of these Terms and Conditions of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.
Governing Law; Venue; Statute of Limitations
These Terms and Conditions of Use are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas. You agree that the statute of limitations for any claim against GFF shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
Dispute Resolution
In the event of any dispute arising out of these Terms and Conditions of Use, you and GFF each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and GFF agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or GFF may initiate the mediation process with thirty (30) days' prior written notice to the other. The dispute shall be submitted to mediation in Dallas, Texas, U.S.A. Costs of mediation shall be borne equally by both you and GFF. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and GFF agree to extend the time by mutual agreement or unless the mediator declares you and GFF to be at an impasse. Notwithstanding the above, in the event that GFF believes that immediate injunctive relief is required to protect its rights, GFF may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
Miscellaneous
If any provision of these Terms and Conditions of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and Conditions of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms and Conditions of Use.
Failure by us to enforce any particular term of these Terms and Conditions of Use shall not be construed as a waiver of any of our rights hereunder.
These Terms and Conditions of Use have been written in the English language and the English language shall control. These Terms and Conditions of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms and Conditions of Use in any language other than English.
These Terms and Conditions of Use (and each supplemental agreement referenced in or referencing these Terms and Conditions of Use found on the Sites) constitutes the entire agreement between you and GFF with respect to the Sites and the Services.
Contact Information
If you have any questions regarding these Terms and Conditions of Use, you may write to GFF:
By mail: Post Office Box 852823 Mesquite Texas 75185.
All Rights Reserved.
