Effective Date: November 26, 2024
These Website Terms of Use (the “Terms”) constitute a legal agreement and is entered into by and between you and the Forget For A Moment Foundation (“we”, “us,” our”).
The following terms and conditions govern your access and use of https://www.forgetforamoment.org (the “Website”) Website, including any content and functionality offered on or through the Website. By using our Website, you acknowledge that you have read and agree to the Terms.
1. Use of Our Website
You are responsible for obtaining your own access to the Website and your use of the Website is subject to all applicable local, provincial, state and federal laws and regulations.
You may not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Website or the rights or use and enjoyment of the Website by any other user;
infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of ours or any third party; or
violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
In order to receive information from us, you may be required to provide information about yourself (such as identification or contact details). You agree that any information you provide will always be accurate, correct and up to date.
2. Website Intellectual Property
You understand and agree that the Website is owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, trademark(s), logo(s), and all related names, logos, product and service names, designs, images and slogans are trademarks of the Forget For A Moment Foundation or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.
You may only use the Website and its contents solely for your personal and non-commercial use and for no other purposes. Website You may not reproduce, distribute, or display any part of our Website without prior written permission.
3. Donations and Payments
All donations made to us are final. We use third-party payment processors to handle the processing of donations, and your payment information is securely transmitted to these processors. We are not responsible or liable to you for any errors that may occur during the payment process.
4. No Reliance
The content on our Website is provided solely for general information purposes only.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, express or implied, that the Website or content therein is accurate, complete or up to date. Your use of the Website is at your own risk and we have no responsibility or liability whatsoever for your use of the Website.
5. Privacy
Our Privacy Policy applies to your use of this Website, and its terms are made a part of these Terms by reference. Any submissions you make to the Website through any interactive functionality constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
6. Third-Party Websites
Use of certain links on the Website will direct you away from the Website to third party websites and are provided solely as a convenience to you. Such third party websites are not under our control and we are not responsible for the contents of any such website or any link contained in such website. The third party links included on our Website are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
1) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES, AND
3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE FORGET FOR A MOMENT FOUNDATION OR OUR RESPECTIVE AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBWEBSITES OR SUCH OTHER THIRD PARTY WEBWEBSITES, NOR ANY WEBSITE CONTENT OR INFORMATION THEREON.
9. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold us, and our respective directors, officers, employees and agents harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms, and (b) your use of the Website.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
10. Changes to Terms
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website.
The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion and without any notice to you. We will not be liable if, for any reason, all or any part of the Website is restricted to you or to users generally, or unavailable at any time or for any period.
By continuing to use our Website after changes are posted, you agree to be bound by such revised Terms.
11. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us relating to your use and our provision of the Website.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The provincial laws and the federal laws applicable therein shall govern these Terms in all respects, without giving effect to conflicts of laws principles.
12. Contact Us:
If you have any questions or concerns about these Terms, please contact us at: info@oubliepouruninstant.org.
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