Terms & Conditions

General Terms & Conditions Disclaimer of Use

By using the palmbeachpoliceandfirefoundation.org website, users agree to be bound by the following terms of use.

General:
These Terms and Conditions apply to websites owned and operated by The Palm Beach Police and Fire Foundation, Inc., a private not-for-profit corporation which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code, (the “Company”) and include the mobile optimized versions of these sites (collectively, the “Sites”) is subject to the following terms and conditions of use (the “Terms”).  You agree to the Terms by accessing the Sites or accepting the information from the Sites. The Company reserves the right in its sole discretion to change the Terms, and your continued use of the Sites after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on the Sites at the time of any visit, you should therefore periodically visit this page to review the current Terms to which you are bound.

No Other Contract:
Except for these Terms and Conditions, no statement on the Sites constitutes a contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement on the Sites is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any advertising relationship, of the Company. 

Content: 

The information and features included in the Sites, including, but not limited to text, graphics, video, chats or similar interactive features (live, real-time or otherwise), information, images, trademarks, service marks and copyrightable works (the “Content”) have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice.  However, the Sites and all Content it contains are provided “AS IS.”  By using or linking to the Sites, you assume the risk that the Content on the Sites may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.  The Sites contain content provided by third-parties.  The Company does not warrant or guarantee the accuracy, availability or completeness of this information.  Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content. 

No Representations or Warranties:
Company makes no promises, guarantees, representations or warranties, express or implied, about the Content, including but not limited to any promise, guaranty, representation or warranty about the accuracy and completeness of the Content or regarding any outcome or result following your use of the Content.  Company is not liable or responsible for any errors or omissions in the Content.  Neither Company nor its employees, agents, officers, directors, consultants, partners or donors are liable or responsible for your use of or reliance on the Content or for any claims, losses or damages (including but not limited to tort claims, breach of contract claims and negligence claims) that arise or result from the Content or from your use or non-use of the Content.

Copyright and Trademark Information/Restrictions on Use of Sites:

The Sites and all of the Content it contains, or may in the future contain is the property of the Company, its affiliate companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions and other copyright laws. 

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Sites are registered and unregistered Trademarks of the Company, its licensors and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Content displayed on the Sites without the written permission of the Company or such third-party that may own the relevant Trademarks or Content.  Your misuse of the Trademarks or Content on the Sites except as provided in these Terms, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate. 

Forums: 

[The personal information you submit to the Company is governed by the Company’s Privacy Policy (“Privacy Policy”).  To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.  Company may make available to users of the Sites, e-mail notices, blogs, newsletters, chat rooms, message boards, bulletin board services, “ask the expert” opportunities or other interactive facilities by means of the Sites, including the opportunity to upload content to the Sites (collectively, the “Public Forums”).  Company cannot review all communications made on or through the Sites.  Company reserves the right, but has no obligation, to monitor the Public Forums and to edit, modify or delete any material which Company in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Company policy.]

Acceptable Conduct:

[You agree not to post any threatening or defamatory content on the Sites that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity.  Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of user of the Sites and you consent to such disclosure.  You agree not to damage, disable, attack, deface, or attempt unauthorized access to the Sites or server, or a third-party Sites or server.  You agree not to transmit or post Submissions to the Sites or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing employment service for the sports industry or otherwise, without User Sublicenses the prior written consent of Company.  You agree not to upload or transmit any communications or content of any type that infringe or violate any rights of any party.  By submitting any communications or content to the Sites you agree that such submission is non-confidential for all purposes.  If you wish to keep any information, ideas, concepts or other communications private or proprietary, do not submit them to the Company or the Sites in any manner or form.]

User Submissions:

[You agree to only post or upload media (like photos, videos or audio) on or to the Sites that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.  To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or Sites URL) of you or of anyone else.  Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Sites, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

By uploading any media on the Sites like a photo or video, (a) you grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Company to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in such media; and (c) you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in the document.  The Company reserves the right to review all media prior to submission to the Sites and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or the Privacy Policy.  

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or the Sites.]

Authorization:
Requests for permission to reproduce any information contained on the Sites should be addressed to [mariella@pbpf.us].

The Company hereby reserves all rights not expressly granted to you.  Nothing in these Terms shall be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, publicity or other intellectual property right of the Company or any third-party, except as expressly granted herein. 

Changes in Service:
The Company may modify, suspend, discontinue (temporarily or permanently), restrict the use of, charge for or make free all or any portion of the Sites at any time and without notice or liability.  The Sites may also be temporarily unavailable due to maintenance or malfunction of computer equipment.  You agree the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Sites. 

Privacy:
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to this Site by electronic mail or otherwise will be used by the Company in accordance with the Site’s Privacy Policy.  Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.  

Children’s Privacy:
The Sites and its Content is not intended or designated to attract children under the age of 13.  The Company does not collect personally identifiable information from any person actually known to be under the age of 13.

Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Export Control:
Software and other materials from this Site may be subject to United States Export Control.  The United States Export Control laws prohibit the export of certain technical data and software to certain territories.  No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the United States has embargoed goods; or anyone in the United States Treasury Department’s list of Specially Designated Nationals or to the U.S. Commerce Department’s Table of Deny Order.  The Company does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.  If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Disclaimers/Limitations on Liability:
The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any information, facts, views, opinions, statements and recommendations contained in the Sites. Reference to any product, process, publication or service of any third-party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by the Company.  The Sites and its Content are not affiliated with or endorsed by the Town of Palm Beach, its police department or fire-rescue department.

The Internet may be subject to breaches of security.  The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of the Sites. The Company is not responsible for the content or performance of any portion of the Internet other than the www.palmbeachpoliceandfirefoundation.org domain, including other sites to which the Sites may be linked or from which the Sites may be accessed.  Such links are provided only as a convenience and not as an endorsement of the content on such third-party Sites.  Users are requested to inform the Company of any errors or inappropriate material found on Sites to which the Sites is or may be linked. The Company reserves the right, in its sole discretion, to terminate a link with any sites, which it deems inappropriate or inconsistent with the Sites. The Company is not responsible for the content of linked third-party sites and does not make any representations, warranties or covenants regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk. Your use of third-party sites is subject to the terms and conditions of use for such sites. 

COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON. 

IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITES, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY.  

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.  

Disclaimer of Liability for Third-Party Content and Links:
You agree that the Company is not responsible and will not be held liable for any third-party content on the Sites or any third-party content, products or services available on other Sites accessed through links from the Sites.  Links to third-party Sites are for your convenience only, and their inclusion on the Sites does not imply an endorsement, guarantee, warranty or representation by the Company. 

Rights Reserved / Change in Terms:
Any rights not expressly granted herein are reserved.  The Company reserves the right to make changes to these terms and conditions at any time and for any reason.  Notices to you, including notices of changes to these terms, may, at the Company’s discretion, be made either by E-mail, regular mail or by displaying the notices or links to notices on the Sites.  All such changes will become effective 10 days after posting of such notice.  Your continued use of the Sites after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions. 

Additional Provisions:
The Company may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice. 

Access to the Sites may be monitored.  The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of the Sites constitutes consent to such monitoring and the Company’s reuse of such collected information.  In addition, any information submitted to the Company through the Sites is considered non-confidential.

By using the Sites, you agree to indemnify, hold harmless and defend the Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third-party that is based on your use of the Sites in violation of these Terms. 

These Terms shall be construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its choice of law provisions.  The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or in which the Terms or the Site are a material fact.