Welcome to the website of the Valinhos Foundation (“the Foundation,” “our,” “we,” or “us”). These terms of use (“Terms of Use”) govern your use of and access to our website, including any information, materials, content, functionality, and services offered through the website (collectively, the “Site”). The Foundation may modify these Terms of Use in the future, so please check this page regularly for updates.
Please read these Terms of Use carefully before visiting our Site as they contain important information regarding your legal rights, remedies, and obligations. By visiting or using this Site, you: (1) acknowledge that you have read and understood these Terms of Use, (2) represent and warrant that you have the right, power, and authority to enter into these Terms of Use, and (3) agree to comply with these Terms of Use and to be legally bound by them. If you do not agree to the requirements set forth in this paragraph, you are not authorized to access or use this Site.
License Grant and Restrictions
These Terms of Use provide to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the term specified herein solely for your personal, private, non-commercial use, and conditioned on your continued compliance with all provisions of these Terms of Use (including without limitation any external terms and documentation linked or referenced herein).
When using the Site in accordance with the foregoing license, you shall not directly or indirectly: (1) violate 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 U.S. or other countries); (2) send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms of Use; (3) transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (4) impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including without limitation by using email addresses, user names, or screen names associated with any of the foregoing); (5) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Foundation or users of the Site, or expose them to liability; and (6) sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Site except as permitted by us.
In addition, you agree not to, directly or indirectly: (1) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (2) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (3) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the Site; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (7) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (8) otherwise attempt to interfere with the proper working of the Site.
User Obligations
You represent that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including without limitation all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to your use of the Site. If you access the Site on behalf of any organization, your organization shall be bound to these Terms of Use and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to these Terms of Use on behalf of your organization.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (1) you will comply with all applicable sanctions and export control laws, and (2) you are solely responsible for ensuring that the Site is used, disclosed, and/or accessed by you only in accordance with all applicable sanctions and export control laws.
Data Privacy
You understand, acknowledge, and agree that the operation of certain features of the Site may require or involve the provision, use, and dissemination of various items of personal information, including without limitation personal contact information. Please refer to our Privacy Policy, available at Privacy & Accessibility Policies – Valinhos Foundation (as updated from time to time).
Disclaimers
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SITE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS; OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THESE TERMS OF USE, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS PERSONNEL, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Foundation, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Site other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Proprietary Rights
The Site and the design, selection, and arrangement thereof is owned by the Foundation (and any licensors or other providers of any information, software, text, displays, images, video, and audio) and is protected by the U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Site may be used only as set forth herein or by obtaining explicit written permission from the Foundation. Any unauthorized use or modification of the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, communication regulations and statutes, and any other applicable laws. The Foundation expressly reserves all rights and remedies available under said law, regulations, and statutes.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site for public or commercial purposes, or for personal gain, without the express prior written permission of the Foundation in each instance. You may not use the Foundation’s name or any material contained on our Site to imply endorsement, sponsorship, or affiliation with us in any manner.
Links, Frames and Metatags
You may not link to our Site without prior written permission of the Foundation. Any such approved link shall in no way cast the Foundation in a false or misleading light. You may not use metatags or any other “hidden text” that incorporates our name without our express written consent.
Links to Other Websites
The Foundation has not reviewed all of the websites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other websites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliated with the Foundation) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third-party websites is done at your own risk. These websites, and your use and access thereof, may be governed by their own privacy and user agreements, which you should read. In no event shall we be held liable or responsible for any privacy or user agreement of a third party.
WE EXPRESSLY DISCLAIM RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY IN CONNECTION THEREWITH.
Updates and Content
The Foundation assumes no liability for any errors or omissions in the content or information made available on the Site. The Foundation is engaged in an ongoing process of updating and revising the materials on this Site and reserves the right to add or withdraw any image, text, or data from the Site at its sole discretion at any time. The Foundation assumes no liability for any damages or losses that may occur to you or any third party based on its updates or modifications to any content or information on the Site. In the event that the Site is unavailable, either on a temporary or permanent basis, the Foundation assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site.
The Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses, malware, or similar programs or applications that may affect your computer, device, network infrastructure, or other property on account of your use of the Site or your downloading of any materials from the Site.
Term and Termination
These Terms of Use take effect (or re-take effect) at the moment you first access or use the Site. These Terms of Use terminate automatically if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified herein. You may also terminate these Terms of Use at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the Terms of Use to you and such use. Upon termination or expiration of these Terms of Use for any reason, all licenses granted by the Foundation hereunder shall immediately terminate, and you must immediately cease all use of the Site.
We reserve the right to terminate these Terms of Use at any time without notice for any reason, including without limitation for your actual or suspected violation of these Terms of Use or our reasonable belief of your fraudulent or unlawful activity, or to otherwise protect our rights or the rights of third parties. The provisions of these Terms of Use governing our proprietary rights, disclaimers, limitations of liability, indemnification, severability and waiver, independent contractors, injunctive relief, enforcement, and governing laws and jurisdiction shall survive any such termination.
Enforcement
We have the right to take appropriate legal action including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site. We also have the right to terminate or suspend your access to all or part of the Site for any or no reason including without limitation any violation of these Terms of Use.
Severability and Waiver
You acknowledge and agree that if any provision of these Terms of Use shall be rendered unlawful, void, or for any reason unenforceable pursuant to court order or operation of applicable law, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, such that the remainder shall continue in full force and effect to the maximum extent permitted under applicable law.
The Foundation’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Foundation. No waiver by the Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Governing Laws and Jurisdiction
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including without limitation non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of the U.S. or the courts of the State of Indiana, in each case located in St. Joseph County, Indiana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Independent Contractors
The relationship between the Foundation and you under these Terms of Use is that of independent contractors, and nothing herein or in your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
Security and Compliance
We reserve the right to view, monitor, and record your activity on the Site without notice or permission from you. Our provision of the Site is subject to existing laws and legal processes, and nothing contained herein shall restrict or reduce our ability and/or obligation to comply with governmental, court, and law enforcement requests or requirements involving your use of the Site or information provided to or gathered by us with respect to such use.
Injunctive Relief
You acknowledge that any breach by you, threatened or actual, of these Terms of Use may cause irreparable injury to the Foundation not readily quantifiable as money damages, such that the Foundation would not have an adequate remedy at law. You therefore agree that the Foundation may be entitled, in addition and without prejudice to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.
Amendments
Please note that the Foundation reserves the right to revise and update these Terms of Use at any time in our sole discretion by posting a revised set of terms to the Site (or such other method as may be expressly required by applicable law). All changes are effective immediately and your continued use of the Site following any change will be deemed as conclusive acceptance of any change to the Terms of Use. Accordingly, please review these Terms of Use periodically to remain advised of such changes.
Questions and Comments
Any questions, comments and/or concerns that you may have regarding these Terms of Use should be directed to info@valinhosfoundation.org.