Terms of UseTerms of Use

We work hard to make YourPBC.org ("YourPBC.org" or "this Website") an interesting and enjoyable place.  We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability.  Please read these Terms of Use (these "Terms") carefully before using this website.  These Terms contain an agreement to arbitrate all claims, disclaimers of warranties, and disclaimers and limitation of liability. 

By visiting, using and/or submitting information to www.YourPBC.org, you agree to be bound by the terms and conditions of these Terms and our Privacy Policy, located at yourpbc.org (the "Privacy Policy").  For purposes of these Terms, the terms "we," "us," or "our" mean Community Foundation for Palm Beach and Martin Counties.

Consideration and Your Compliance with the Terms

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to YourPBC.org.  You represent that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or other entity.  In order to determine your compliance with these Terms, we may monitor your access and use of YourPBC.org in accordance with our Privacy Policy.

YourPBC.org is Not Intended for Minors

YourPBC.org is not intended to be used by, and is not directed to, anyone under 18 years of age.  You represent that you are at least 18 years of age.  

  • Purposes of yourpbc.org.

The aim of YourPBC.org is to serve as a meeting point for users ("Users") of YourPBC.org to set up social projects, participate in discussions, and share resources and events.  Specifically, YourPBC.org is intended to serve as a platform for Users to:  (a) register and create their own user profile; (b) publicize the User's nonprofit resources and news; and (c) offer User participation in discussions and other activities organized by other Users.

  • Use at Your Own Risk.

We try to ensure that information we post to YourPBC.org is both timely and accurate, but we do not make any guarantees.  Before you act on any information found on YourPBC.org, you should confirm any facts that are important to your decision.  IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.  You expressly agree that your use of THIS WEBSITE and all products and services included on or associated with THIS WEBSITE is at your sole risk.  YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR WHICH RESULTS FROM OR IS IN CONNECTION WITH YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Registration.
To obtain access to certain services on YourPBC.org, you may be required to register with us. You agree that you will register only if you are 18 years or older.  You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person.  We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive.  You will be responsible for preserving the confidentiality of your password and will notify our webmaster of any known or suspected unauthorized use of your account.

  • Materials Submitted by Other Users.

We cannot and do not review every posting made to YourPBC.org blogs, messaging, chat rooms, bulletin boards, other forums, and other areas available for public postings (collectively, the "Forums").  You will most likely read/see any given posting/content before anyone on our staff might review it.  You can expect Forums to include information and opinions from a variety of individuals and organizations other than us.  We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from us, a User, from a celebrity or "subject matter expert" guest.

  • USER GENERATED CONTENT AND FORUMS.

YourPBC.org provides a venue through which members of the public may create profiles and contribute user generated content and make statements on YourPBC.org (collectively, "User Generated Content").  User Generated Content remains the intellectual property of the individual User.

By posting User Generated Content on YourPBC.org, you expressly grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Generated Content and your name, voice, and/or likeness as contained in your User Generated Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, on YourPBC.org and in any and all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses related to YourPBC.org.  The use and disclosure of personal information included in the User Generated Content is subject to the terms of the Privacy Policy.  Any such User Generated Content is deemed non-confidential and YourPBC.org shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Generated Content.  In addition to the foregoing, you grant any participant in any discussion you create (regardless of the forum), a non-exclusive license to use, reproduce, distribute, display any discussions as permitted through the functionality of YourPBC.org and under these Terms.

YourPBC.org may act as a venue, through its Forums, allowing Users to contribute User Generated Content.  We are not involved in the actual transmission of User Generated Content provided for in the Forums.  As a result, we do not approve or endorse any User Generated Content in the Forums.  You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums.  You may find User Generated Content posted in the Forums by other Users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal and equitable rights and remedies you have or may have against us with respect to such User Generated Content.  Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums.  Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

We reserve the right to deny access to Forums to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy YourPBC.org or infringes upon or violates the rights of others.  We also reserve the right (but assume no obligation) to delete, move, or edit any postings in Forums that come to our attention that we consider unacceptable or inappropriate, whether for legal or any other reasons. 

Immediately report problems with the Forums to us at ssundar@cfpbmc.org.

  • Transmissions, Submissions and Postings toTHIS WEBSITEAND SPECIFIC PROHIBITED USES.

If you transmit, submit or post information to YourPBC.org that is not trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid up, royalty-free, perpetual, irrevocable, exclusive, fully sub-licensable right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined herein).  Provided that you have obtained prior written permission from us to transmit, submit or post information to YourPBC.org that is trademarked and/or copyrighted by someone other than you alone and, specifically, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

Any of the following actions are some, though not all, violations which may result in us terminating your access to and use of YourPBC.org:

  • Harassing, threatening, embarrassing or causing distress or discomfort of another User of YourPBC.org.
  • Transmitting, submitting or posting any information, data, text, files, links, software, or other materials that we consider, in our sole and absolute discretion, to be unlawful, harmful, libelous, threatening, abusive, harassing, defamatory, vulgar, obscene, explicit, hateful, racially, ethnically or otherwise objectionable or injurious to us or any third parties or which threatens our relationships with our partners, suppliers and ISPs or that infringes on our or any third party's rights of publicity or privacy.
  • Impersonating any person, including but not limited to, a YourPBC.org employee, partner, moderator or administrator, or falsely stating or otherwise misrepresenting your affiliation with a person.
  • Disrupting the normal flow of YourPBC.org, including any dialogue in any Forum of YourPBC.org or otherwise act in a manner that negatively affects other participants.
  • Posting, emailing, transmitting, linking or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other forms of solicitation or commercial content without our prior written approval.
  • Intentionally or unintentionally violating or promoting any activity that would violate any applicable local, state, Federal or international law, including but not limited to any regulations having the force of law while using or accessing YourPBC.org.
  • Submitting, posting or transmitting executable programming of any kind, including, but not limited to, any viruses, worms, trap doors, back doors, spyware, trojan horses, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Posting Content or using YourPBC.org in any manner that damages the image or rights of us, YourPBC.org, other Users or third parties.
  • Uploading or posting any off-topic or irrelevant material to any Forum.
  • Gathering for the purpose of "spamming" any email addresses that Users post in a Forum.
  • Posting, transmitting, or submitting information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam."
  • Transmitting, submitting or posting any information that infringes our or any third party's copyright, patent, trademark, trade secret or other proprietary rights.
  • Transmitting, submitting or posting information that is false, inaccurate or misleading.

Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.  We may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with these Terms.

You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting and/or posting them.

ACCESS TO AND USE OF SERVICE. 
Your right to access and use YourPBC.org is personal to you and is not transferable by you to any other person or entity.  You are only entitled to access and use YourPBC.org for lawful purposes and pursuant to the terms and conditions of these Terms and our Privacy Policy.

Your access and use of YourPBC.org may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of YourPBC.org or other actions that we, in our sole discretion, may elect to take.  We reserve the right to suspend or discontinue the availability of YourPBC.org and/or any portion or feature of YourPBC.org at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion:  (i) violates the terms and conditions of these Terms and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of YourPBC.org; or (iii) through the use of YourPBC.org, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use YourPBC.org.

We provide the Content and services available through YourPBC.org for informational purposes only.  We grant you a limited, revocable, nonexclusive license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of:  (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work.  You may not modify the Content or the Collective Work or utilize the Content or the Collective Work for any commercial purpose or any other public display, performance, sale, or rental, or decompile, reverse engineer, or disassemble the Content or the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.

You may not frame or use any metatags or any other "hidden text" utilizing our Proprietary Marks without our express written permission, which permission may be withheld in our sole discretion.

No Interference.

  • You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor YourPBC.org or any portion of YourPBC.org or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from YourPBC.org without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of YourPBC.org or any activities conducted on YourPBC.org; or (iv) bypass measures we may use to prevent or restrict access to YourPBC.org. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form YourPBC.org for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from YourPBC.org. You shall not use any communication systems provided on YourPBC.org (i.e., Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of YourPBC.org without our prior written consent.

Our Intellectual Property Rights.
The names "YourPBC.org " and Community Foundation of Palm Beach and Martin Counties," and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates' trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks").  You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion.  We make no proprietary claim to any third-party names, trademarks or service marks appearing on YourPBC.org.  Any third-party names, trademarks, and service marks are property of their respective owners.

The information, materials, advice, data, software and content viewable on, contained in, or downloadable from, YourPBC.org, including, without limitation, all text, graphics, charts, pictures, photographs, images, line art and icons (collectively, the "Content"), are copyrighted by, or otherwise licensed to, us or our Content suppliers.  We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work").  All software used on YourPBC.org (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws.  Viewing, reading, printing, downloading or otherwise using the Content, the Collective Work and/or Software does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software. 

You shall be solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights (including, but not limited to, the Proprietary Marks, the Content, the Collective Work and the Software) and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.

COPYRIGHT INFRINGEMENT.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.  We shall in appropriate circumstances disable and/or terminate the accounts of Users who may infringe or repeatedly infringe our or others' copyrights or other intellectual property rights.

Notifications (each a "Notification") of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent.  Our designated agent contact information is set forth below:

Address of Designated Agent to Which Notification Should be Sent:

Community Foundation for Palm Beach and Martin Counties
700 S. Dixie Highway, Suite 200
West Palm Beach, FL  33401

Facsimile number of designated agent:  (561) 832-6592
Email address of designated agent:  ssundar@cfpbmc.org

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following: 
A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed; 
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site; 
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted; 
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
Upon receipt of the written Notification containing the information as outlined in (a) through (f) above, and pursuant to Title 17, United States Code, Section 512:

We will remove or disable access to the material that is alleged to be infringing; 
We will forward the written Notification to the alleged infringer ("Subscriber"); and
We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material. 
Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to our designated agent that includes substantially the following: 
A physical or electronic signature of the Subscriber; 
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person 
Upon receipt of a Counter Notification containing the information as outlined in (j) through (m) above, and pursuant to Title 17, United States Code, Section 512: 
We will promptly provide the Complaining Party with a copy of the Counter Notification; 
We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
LINKING POLICY.   
YourPBC.org permits you to include text links to content on YourPBC.org on your website(s), provided:  (i) any text-only link must clearly be marked "YourPBC.org," (ii) any link that is not text-only must be our approved logo and accompanying code; (iii) the link must further YourPBC.org and its purpose; (iv) the appearance, position, and other aspects of the link and host website may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (v) the appearance, position and other aspects of the link and host website may not create the false appearance than an entity other than us is associated with the link, or that the host website is sponsored by us; (vi) the link, when activated by an internet user, must display YourPBC.org full-screen and not with a "frame" on the linked website; and (vii) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.

We are not responsible for any information, content, or materials contained or provided for on any such host website.  Links to YourPBC.org are allowed solely for convenience to internet users and to further YourPBC.org and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

 If the total number of text links to content on YourPBC.org on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent prior written permission granted by YourPBC.org to do so.  You may also create a hyperlink to the home page of YourPBC.org so long as the link does not portray YourPBC.org, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

 

YourPBC.org offers various parts of the services provided through YourPBC.org in RSS format so that Users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.  YourPBC.org permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (i) your use of the RSS feed is for personal, non-commercial purposes only; (ii) each title is correctly linked back to the original post on the YourPBC.org and redirects the user to the post when the user clicks on it; (iii) you provide, adjacent to the RSS feed, proper attribution to 'YourPBC.org' as the source; (iv) your use or display does not suggest that YourPBC.org promotes or endorses any third party causes, ideas, web sites, products or services; (v) you do not redistribute the RSS feed; and (vi) your use does not overburden YourPBC.org's systems.  YourPBC.org reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

 

Use of the services provide by and through YourPBC.org beyond the scope of authorized access granted to you by YourPBC.org immediately terminates any and all permission and licenses granted to you through these Terms.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the services or any Content made available through YourPBC.org for other purposes (including commercial purposes) not stated herein, you must first obtain a written authorization and license from YourPBC.org.

NO ENDORSEMENTS.
We are not responsible for, and cannot guarantee the performance of resources and services provided by our sponsors, content partners, advertisers and others to whose websites we link.  A link to another website does not constitute our endorsement of that website (or of any product, service or other material offered on that website).  We are not responsible for the activities or policies of those websites.

NO WARRANTIES.

  • The Content and all services and products associated with YourPBC.org are provided to you on an "as-is," "WITH ALL FAULTS," and "as available" basis. We, our affiliates, agents and licensors make no representations or warranties of any kind, express or implied, as to the operation of YourPBC.org or the information, content, materials, products or services included on or associated with YourPBC.org.

we, OUR AFFILIATES, AGENTS AND LICENSORS do not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with this website, or OF the safety, reliability, title, NONINFRINGMENT, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with this website.  It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with this website.  we make no representation, warranty or guarantee that the Content that may be available for downloading from this website is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 

YourPBC.org is controlled and offered by us from our facilities in the United States of America.  We make no representations that YourPBC.org is appropriate or available for use in other jurisdictions.  If you access or use YourPBC.org from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.

LIMITATIONS ON OUR LIABILITY.
WE AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), STRICT LIABILITY or otherwise, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of:  (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of THIS WEBSITE; (iii) your DELAY IN ACCESSING OR inability to access or use THIS WEBSITE for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work; OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE OR ANY SERVICE OR PRODUCTS PROVIDED THROUGH THIS WEBSITE.  OUR TOTAL LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES AND AGENTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED $100 IN THE AGGREGATE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

 

SPAM AND VIRUSES.

  • We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated. Because of the volume of email messages sent by us and Users of YourPBC.org, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.

Electronic Communications.
When you visit YourPBC.org or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on YourPBC.org.  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.

Your Responsibility for Equipment and Related Costs.
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use YourPBC.org, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of YourPBC.org.

TERMINATION OF SERVICE.

You agree that we, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the website (or any part thereof), immediately and without notice, and remove and discard any Content within YourPBC.org, for any reason, including, without limitation, if YourPBC.org believes that you have acted inconsistently with the letter or spirit of these Terms.  Further, you agree that we shall not be liable to you or any third-party for any termination of your access to YourPBC.org.  Further, you agree not to attempt to use YourPBC.org after said termination. 

INDEMNITY.

You agree to defend, indemnify and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, contractors, service providers, suppliers and employees, harmless from and against any and all third party and direct claims, costs, fees, damages and demands, reasonable attorney fees and court costs (including, at all levels of proceeding, including the appellate level) arising out of or in connection with your (i) transmissions, submissions or postings (i.e., your own User Generated Content) to YourPBC.org; (ii) access or use of YourPBC.org; (iii) your violation or breach of these Terms; (iv) breach of any of the representations, warranties or covenants in these Terms; (v) violation of any rights of another; (vi) use of any email service available through YourPBC.org, and/or (vii) failure to provide accurate, complete and current personally identifiable information requested or required by us, access or use of YourPBC.org under any password that may be issued to you.

 

RELEASE. 

  • Because we do not supervise or control the interactions among between Users and other persons or companies, and because we are not involved in any way with physical transportation to or from the Volunteer Activities or with the actions of any individuals at such Volunteer Activities, and because we cannot guarantee the true identity, age, nationality of Users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the User Generated Content you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, contractors, employees, affiliates, subsidiaries, successors, assigns, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of YourPBC.org, our resolution of any disputes between or among Users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Volunteer Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver to the full extent that you may lawfully waive all such rights and benefits.

Amendments of the Terms.
We reserve the right to update, amend and/or change the Terms at any time in our sole discretion and without notice.  Updates to these Terms will be posted here.  You are encouraged to revisit these Terms from time to time in order to review any changes that have been made. Your continued access and use of YourPBC.org following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Our Remedies.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy.  Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.  For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida.  You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court.  You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration.
You agree that: (i) YourPBC.org shall be deemed solely based in the State of Florida; and (ii) YourPBC.org shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida.  These Terms are to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws.  Any civil action, claim, dispute or proceeding arising out of or in connection with these Terms, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. 
YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS.  YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  By using this website you consent to these restrictions.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator.  Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs.  The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a civil action, claim, dispute or proceeding arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and Federal courts sitting in Palm Beach County, Florida. 
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.  The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.  All covenants, agreements, representations and warranties made in these Terms, as may be amended by us from time to time, shall survive your acceptance of these Terms and the termination of these Terms.  These Terms and our Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.  If you have questions, comments, concerns or feedback regarding these Terms or Your PBC.org., please contact us through any of the methods set forth below:

contact@yourpbc.org