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Website Terms of Use

Last modified: March 20, 2019

  1. Acceptance of the Terms of Use

Welcome to the JDJ Foundation Website (www.jdjfoundation.org) (“the Website”). These terms of use (“Terms of Use”) apply to your use of the Website. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [link], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, please do not use or access the Website.

The Website is intended for users located in the United States who are 13 years of age or older.

  1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time without prior notice. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email, if possible. Use by you of the Site following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.

  1. Website Content Ownership and Intellectual Property

The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks

JDJ FOUNDATION, the JDJ FOUNDATION logo, THE LOVING HEART SOCIETY, and, except as otherwise noted, all other trademarks, logos, service marks, product and service names, designs, slogans and trade names displayed on this Website are registered and/or unregistered trademarks and trade names (“Trademarks”) that are owned or licensed by us or our affiliated companies. You must not use such Trademarks without prior written permission from us. Where specifically indicated, the other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

  1. Use Restrictions

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Use the website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Impersonate or attempt to impersonate JDJ Foundation, one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. There may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  1. Linking to the Website and Social Media Features

The Website may not be linked to or framed without authorization.  The Website may contain certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

We may disable all or any social media features and any links at any time without notice in our discretion. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
  1. Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Non-Confidential Communication and User Submitted Content

The Website may contain generally available means by which users can contact us, such as “Contact Us” forms or otherwise communicate with us, such as through submitting a scholarship application or signing up for our Loving Heart Society.  Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy.  Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means.  For the sake of avoiding any confusion or misunderstanding, please note that, unless otherwise noted on the website, all information, ideas, suggestions, improvements or other communications you transmit or submit to us via the Website shall be on a non-confidential basis and shall become the property of JDJ Foundation.  JDJ Foundation and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation

  1. Geographic Restrictions

We provide the Website primarily for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties, Limitation of Liability and Indemnification

Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or Websites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

YOUR USE OF THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITE OR THE CONTENT PROVIDED ON THE WEBSITE, OR ANY HYPERLINKS ON THE WEBSITE TO OTHER INTERNET RESOURCES.

Limitation of Liability.  JDJ FOUNDATION SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY JDJ FOUNDATION’S NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

Indemnification. You agree to defend, indemnify and hold harmless JDJ Foundation from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

  1. Governing Law; Miscellaneous.

These Terms of Use shall be interpreted and enforced according to the substantive laws of the State of New York, without application of its conflicts or choice of law rules.

Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

We may assign or transfer any or all of our rights or obligations under these Terms of Use to a successor at any time without further notice to you.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

  1. Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@jdjfoundation.org.