 Thank
you for visiting Jackson Memorial Foundation. The Jackson Memorial
Foundation website has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Conditions
of Use"). Please read this document carefully before accessing
or using the Jackson Memorial Foundation website. By accessing or using
this website, you are agreeing to be bound by the Conditions of Use.
If you do not wish to be bound by the Conditions of Use, you may not
access or use the website. |
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| Modification of these Conditions of Use |
| Jackson Memorial Foundation reserves
the right to change the terms, conditions, and notices at any time,
and such modifications shall be effective immediately upon posting
of such changes. You are therefore responsible for regularly reviewing
these Conditions of Use and additional terms or notices posted on the
Jackson Memorial Foundation website. Your continued access of this
website shall be deemed your conclusive acceptance of the modified
agreement. |
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| Electronic Communications |
| When you visit Jackson Memorial Foundation
or send e-mails to us, you are communicating with us electronically,
and thereby you are consenting to receive communications from us electronically
or by other means available. We will communicate with you electronically,
by telephone or by facsimile. It is further understood that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communication
be in writing. |
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| Copyright and Licenses |
The entire contents of this website,
including but not limited to: Text, graphics, logos, button icons,
Flash movies, images, audio clips, digital downloads, data compilations,
and software, are the property of Jackson Memorial Foundation, its
content suppliers or it's clients and are protected by Domestic and
International copyright and trademark laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute any portion
of the website contents without the prior express written consent
of Jackson Memorial Foundation.
You may print or download portions of the materials from various
areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. If you believe any content appearing
on our website constitutes a copyright infringement of another parties
rights, please contact us immediately at info@jmf.org to notify us of this infringement. |
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| License and Website Access |
Jackson Memorial Foundation grants you limited license to access and make personal
use of this website and not to download (other than for page caching purposes)
or modify it, or any portion of it, except with the express written consent
of Jackson Memorial Foundation. This website or any portion of this website
may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted
or otherwise exploited for any commercial purpose without the express written
consent of Jackson Memorial Foundation. You may not frame, or use any framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, flash movie, page layout, or form) of Jackson
Memorial Foundation without the express written consent of Jackson Memorial
Foundation. You may not use META tags or any other "hidden text" which
utilize Jackson Memorial Foundation.us, or any other derivative of our
domain or company name without the express written consent of Jackson Memorial
Foundation. You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Jackson Memorial Foundation
so long as the link does not portray any false, misleading, derogatory,
or otherwise offensive matter.
It is further understood and agreed that Jackson Memorial Foundation
cannot and does not guarantee or warrant that files made available
for downloading through the Jackson Memorial Foundation website will
be free of infection or viruses, worms, Trojan horses or other code
that manifests contaminating or destructive properties. It is your
responsibility for implementing sufficient safeguards and procedures
to ensure that any files obtained through Jackson Memorial Foundation
are free from such contaminations. |
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| Disclaimer of Warranty/Limitation of
Liability |
THIS WEBSITE AND RELATED INFORMATION
IS PROVIDED BY Jackson Memorial Foundation ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Jackson Memorial Foundation MAKES NO EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND,
OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Jackson Memorial
Foundation DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Jackson Memorial Foundation DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM Jackson Memorial
Foundation ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Jackson
Memorial Foundation WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Jackson Memorial Foundation USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. Jackson Memorial Foundation
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER
ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT
A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT
INFORMATION, Jackson Memorial Foundation SHALL HAVE THE RIGHT TO
REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
IF A PRODUCT OFFERED BY Jackson Memorial Foundation IS NOT AS DESCRIBED,
YOUR SOLE REMEDY IS TO RETURN IT TO Jackson Memorial Foundation FOR
A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE
BUYER'S EXPENSE.
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, AND YOU MAY HAVE ADDITIONAL RIGHTS. |
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| Third Party Links |
| Linked websites are not under the control
of Jackson Memorial Foundation and Jackson Memorial Foundation is not
responsible for the contents of any linked site or any link contained
in a linked site. Jackson Memorial Foundation provides links to you
only as a convenience, and the inclusion of any link does not imply
or constitute an endorsement by Jackson Memorial Foundation of the
site. |
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| Applicable Law |
| By visiting the Jackson Memorial Foundation
website, you agree that the laws of the state of Florida, without regard
to principals of conflict of laws, will govern these Conditions of
Use and any dispute of any sort that might arise between you and Jackson
Memorial Foundation. |
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| Disputes |
| Any dispute relating in ay way to your
visit or access of the Jackson Memorial Foundation website or to the
products or services you purchase through the Jackson Memorial Foundation
website shall be submitted to binding arbitration in Weston, Florida,
except that, to the extent you have in any manner violated or threatened
to violate Jackson Memorial Foundation' intellectual property rights,
Jackson Memorial Foundation may seek injunctive or other appropriate
relief in any state or federal court in the state of California, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under these Conditions of Use shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under these Conditions of Use shall be joined to
an arbitration involving any other party subject to these Conditions
of Use, whether through class arbitration proceedings or otherwise. |
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| Indemnification |
| You agree to indemnify, defend and hold
harmless Jackson Memorial Foundation, its officers, directors, owners,
partners, employees, agents, licensors, suppliers and any third party
information provider to the website from and against all losses, expenses,
damages and costs, including attorney's fees, resulting from any violation
of these Conditions of Use (including negligent or wrongful conduct)
by you or your use and access of the Jackson Memorial Foundation website. |
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| International Use |
| Given the global nature of the Internet,
you agree to comply with all local rules including, without limitation,
rules about the Internet, data, e-mail, privacy,
copyright, and trademark infringement. Additionally, 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. |
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| Other Provisions |
| Jackson Memorial Foundation failure to
insist upon or enforce strict performance of any provision of these
Conditions of Use shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Conditions of Use.
Jackson Memorial Foundation may assign its rights and duties under
these Conditions of Use to any party at any time without notice to
you. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity or enforceability of any remaining
condition. Any rights not expressly granted herein are reserved. |
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Please send notices by care of e-mail to: info@jmf.org
(or) by our
Mailing Address:
Jackson Memorial Foundation
Park Plaza East
901 NW 17th St.
Suite G
Miami, FL 33136
Updated December 16, 2003
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