Terms of Service

Access to Le Flambeau Foundation, Inc.’s web site (“Site”) is subject to these Terms of Use. By using this Site, you agree to the terms herein, which may be updated by us from time to time without notice to you. Your use of the Site after the posting by us of any changes to these Terms of Use will constitute your acceptance of those changes. If you have any questions about these Terms of Use, please contact us at:

Le Flambeau Foundation
1172 S. Dixie Hwy, # 203
Coral Gables, FL 33146

info@leflambeau-foundation.org
(305) 596.2819

Le Flambeau Foundation Privacy Policy

The personally identifiable information that you provide us when using the features of our Site is subject to our Privacy Policy, which is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.

Your Use of This Site

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Site (or any portion of it), unless you have Le Flambeau Foundation's express written permission to do so. You may only use our Site in accordance with these Terms of Use; any other terms applicable to the various features of our site; and all applicable laws, rules, and regulations. Le Flambeau Foundation may, in its sole discretion and at any time, discontinue this Site, or any part thereof, with or without notice. You agree that you do not have any rights in our Site and that Le Flambeau Foundation will have no liability to you if this Site is discontinued or your ability to access our Site is terminated.

Communications with Le Flambeau Foundation

When you communicate with Le Flambeau Foundation, or donate from our site, you are communicating with us electronically. Your use of this site, including the providing of donations on this site via PayPal, constitutes your consent to the receipt of electronic communications from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that Le Flambeau Foundation is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.

Donations from Our Site

Donations you make on this Site are processed via PayPal, which is a separate entity from Le Flambeau Foundation. Thus, all donations initiated via this Site must comply with the terms and conditions of the PayPal web site.

Intellectual Property

This Site is operated by Le Flambeau Foundation and contains information, software, photographs, audio, video, graphics, links and other material (collectively, "Content") supplied by Flambeau Foundation, all of which is legally protected under copyright, trademark, patent and other intellectual property laws.

Trademarks

LE FLAMBEAU FOUNDATION and all other slogans, logos, and product and service names used on this Site are trademarks owned by Le Flambeau Foundation. You agree not to display or use such trademarks, in any manner, without the written permission of Le Flambeau Foundation. Trademarks and trade names of third parties are the property of those third parties and are used by Le Flambeau Foundation subject to license, or subject to the fair use provisions of U.S. trademark law. Users on our Site are expressly forbidden to misuse those marks.

Copyright

The content that Le Flambeau Foundation provides on this Site, including, but not limited to, text, graphics, images, and logos, is owned by either Le Flambeau Foundation or the party that has provided the content to us and is protected by U.S. and international copyright laws. Le Flambeau Foundation is the sole and exclusive owner of its compilation of this content on this Site, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement. Le Flambeau Foundation expects you to respect its copyright rights, as well as the copyright rights of others.

Rights Holders

If you are a trademark or copyright owner and you believe that your trademark rights have been violated in any way, please contact info@leflambeau-foundation.org.

You understand and agree that the Content may be displayed and printed by you solely for your personal, internal and non-commercial use. You may not use, alter or exploit the Content other than as specifically provided for in these Terms of Use.

Violations; Termination

You understand that your use of this site is subject to these Terms of Use, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations. Le Flambeau Foundation may, in its sole discretion and at any time, discontinue Le Flambeau Foundation Site or any part thereof, with or without notice. You agree that you do not have any rights in any Le Flambeau Foundation Site and that Le Flambeau Foundation will have no liability to you if this site is discontinued or your ability to access it is terminated.

Links

Through this Site, you may be able to access links to or be directed to other Web sites. Because Le Flambeau Foundation has no control over such sites, you acknowledge and agree that Le Flambeau Foundation is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site's privacy policy, you should contact that party directly, and we encourage you to do so.

Claims Against Le Flambeau Foundation

You agree to indemnify and hold Le Flambeau Foundation, and its affiliates, harmless and to pay all liabilities, costs and expenses that Le Flambeau Foundation incurs resulting from your use of the Site (including use by anyone who uses your password, whether authorized or not), use of the Site by any member or guest of your household, or your violation of any law or the rights of any third party.

Disclaimers

You acknowledge and agree that:

a. YOUR USE OF LE FLAMBEAU FOUNDATION SITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. LE FLAMBEAU FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because this Site is provided to you "AS IS," you agree that Le Flambeau Foundation shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using this Site. Because this Site is provided to you "AS AVAILABLE," you agree that Le Flambeau Foundation shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or of your ability to access it.

b. Le Flambeau Foundation also disclaims any warranty that (i) this Site will meet your requirements, (ii) this Site's operation will be uninterrupted, timely, secure, or error-free, (iii) any information or communication that may be obtained from the use of this Site will be accurate or reliable, and (iv) Le Flambeau Foundation disclaims any liability for damages that may arise from your reliance on any such information or communication.

c. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through this Site. Le Flambeau Foundation shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.

Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

Limitation of Liability

YOU AGREE THAT LE FLAMBEAU FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF THE FLAMBEAU FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (A) YOUR USE OF OR INABILITY TO USE THIS SITE; (B) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (C) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THIS SITE; OR (D) ANY OTHER MATTER RELATING TO THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT LE FLAMBEAU FOUNDATION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF LE FLAMBEAU FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE.

Some states do not allow the limitation of liability, so this provision may not apply to you.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. This Site was created and is operated under the laws of the State of Wisconsin. The laws of the State of Wisconsin will control the terms and conditions provided in these Terms of Use, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or enforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to this Site or these Terms of Use more than one (1) year after such claim or cause of action arose.