Website Terms of Use and Privacy Statement
Terms of Use
YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS & CONDITIONS AND PRIVACY STATEMENT
LUKEANDMEADOWFOUNDATION.COM /PRIVACY-POLICY/.
Terms & Conditions of Use for lukeandmeadowfoundation.com
Welcome to lukeandmeadowfoundation.com (the "Website"). The Website is owned and operated by Luke and Meadow France Foundation (along with its affiliates and subsidiaries "Foundation" or "we" or "our"). The following terms and conditions, as well as our Privacy Statement and any posted guidelines or rules (collectively, the "Terms"), govern your use of the Website. The Terms also describe your responsibilities and, among other things, limit the liability of the Foundation.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE FOUNDATION. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEBSITE. BY USING THE WEBSITE, YOU SIGNIFY YOUR KNOWLEDGE AND ACCEPTANCE OF THE TERMS, AND YOUR AGREEMENT TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, YOU MUST DISCONTINUE USE OF THIS WEBSITE.
The Foundation reserves the right, in its sole discretion and upon posted notice, to amend the Terms and/or other aspects of the Website at any time, and such amended terms will be effective immediately upon the date they are posted on the Website and shall apply prospectively thereafter. Your continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes. This Agreement may not otherwise be amended except in writing signed by both parties. The Foundation also reserves the right, in its sole discretion, to revoke your access and/or use privileges for all or part of the Website, for any or no reason and with or without notice.
Content and Intellectual Property
All aspects of the Website, including but not limited to the design and "look and feel" thereof and all of the content featured or displayed thereon, including without limitation data, text, graphics, photographs, images, moving images, video, animation, sound, illustrations, designs, icons, written and other material, and software and compilations thereof together with the Marks (as defined below), are referred to herein as Content ("Content") and are owned by the Foundation and/or its licensors and/or Content providers. The Luke and Meadow Foundation word mark and logo,lukeandmeadowfoundation.com, and any related indicia (collectively, the "Marks") are service marks of the Foundation.
The Content is protected by trademark, trade dress, copyright, and/or other intellectual property rights against any unauthorized uses, and may not be used except as expressly permitted by these Terms or as otherwise expressly permitted in advance in writing by the Foundation.
Other product and company names identified on the Website may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on the Website of any such third party designations, and the availability of specific goods, services or information from such third parties through the Website, should not be construed as an endorsement or sponsorship of the Website by any such third party, or the participation by such third party in the offering of goods, services or information through the Website.
Acceptable Use
You may only use the Website to access Content for personal, non-commercial purposes only. Commercial use and distribution of Content is strictly prohibited without the prior written approval of the Foundation. Except as explicitly permitted under a separate licensing agreement with the Foundation, no portion or element of the Website or the Content may be reproduced, distributed, modified, publicly performed or displayed, uploaded, transmitted, reverse engineered, decompiled, used to create a derivative work, sold, sublicensed or otherwise commercially exploited via any means or in any manner, whether now known or later devised. You agree that you will make no other use of the Website, including without limitation, use of the Marks on goods offered for sale (e.g., apparel and other merchandise), or commercial use of the Content behind paywalls. Any other use of the Website, the Content, or any portion thereof is strictly prohibited. The Website, the Content and all related rights shall remain the sole and exclusive property of the Foundation and/or its licensors and/or Content providers unless otherwise expressly agreed.
You agree to use the Website and the Content for lawful purposes only, and only in accordance with the Terms. You agree not to use the Website so as to damage, disable, overburden or impair the Website or interfere with any other party's lawful use of the Website. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of the Website.
You understand and agree that permission to access the Website and the Content shall not be deemed to grant a license to any such materials. Any license granted by the Foundation for any such Content shall be in writing pursuant to a separate written agreement(s) between you and the Foundation, and as such, any and all uses of any such Content shall be subject to the terms and conditions therein.
Legal Disclaimer
THE WEBSITE AND THE CONTENT, AS WELL AS ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NONINFRINGEMENT. WITHOUT LIMITING ANY PROVISION OF THESE TERMS, NO WARRANTY OR GUARANTEE IS MADE REGARDING (I) THE AVAILABILITY OF CONTENT THROUGH THE WEBSITE, (II) THE SECURITY OF THE WEBSITE OR ANY DATA YOU MAY PROVIDE, OR THE ABSENCE OF ANY VIRUS, BUG, ERROR, DEFECT, OR OTHER HARMFUL COMPONENT ON OR WITHIN THE WEBSITE OR THE CONTENT, OR ANY CORRECTIVE EFFORTS FOR ANY SUCH ASPECT OF THE WEBSITE, (III) THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF THE CONTENT OR ANY INFORMATION, DATA, SERVICE, ADVICE OR PRODUCTS PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR (V) THE AVAILABILITY OR PERFORMANCE/NON-PERFORMANCE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE WEBSITE AND THE CONTENT.
General Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE FOUNDATION, ANY CONTENT PROVIDER, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE WEBSITE, THE CONTENT, OR ANY USE (INCLUDING ANY DELAY OR INABILITY TO USE) THEREOF. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the Website or the Content, you agree the liability of any such party shall not exceed the greater of $100 or the minimum amount permitted by law.
International Use
No representation is made that the Website or the Content are appropriate or available for use in locations outside the United States. If you use the Website or the Content from a location other than the United States, you are solely responsible for compliance with all applicable local laws, including without limitation any import and export regulations.
Indemnity
You agree to defend, indemnify and hold harmless each Covered Party from any and all loss, damage, liability, cost and expense, including without limitation attorneys' fees and costs, incurred by any or all of them as a result of or in any way related to your breach of the Terms, or your use of the Website, the Content and/or related rights or materials in any way contrary to the Terms.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered by you in connection with your use of the Website (collectively, "Comments"), shall be and remain the exclusive property of the Foundation, and may be used by the Foundation in any medium and for any purpose worldwide without your consent. The Foundation is under no obligation to maintain your Comments in confidence, to pay to you any compensation for any Comments, or to respond to your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Website and Services
To the extent the Website contains links to other websites that are not controlled by the Foundation, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. The Covered Parties do not guarantee or warrant the accuracy or completeness of the information or content included on any such linked website, and shall bear no responsibility for those linked websites, their respective privacy practices and contents, or any use of those websites or their contents.
Miscellaneous
The captions in these Terms are only for convenience, and do not, in any way, limit or otherwise define these Terms. The Covered Parties are not responsible for any errors or delays in your ability to access or download Content or other technical problems beyond their control. These Terms represent the entire agreement between you and the Foundation regarding your use of the Website and Content and supersede any prior statements or representations. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Terms and any acts or performance hereunder shall be governed by and construed in accordance with the laws of the State of Florida, USA, excluding its conflicts of law rules. The exclusive jurisdiction for any claim or action arising from or relating in any way to these Terms, the Website and Content, or your use thereof shall be in the state or federal courts located in Volusia County in the State of Florida. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and consent to extra-territorial service of process. This Agreement shall be interpreted according to its express terms, with no presumptions against the drafting party.