DELRAY CITIZENS FOR DELRAY POLICE, INC.

WEBSITE TERMS OF USE

            These website terms of use govern our website, www.delraycitizensfordelraypolice.org (“website”). The words “Organization” or “we” or “our” or “us” all refer below to Delray Citizens for Delray Police, Inc., a Florida not-for-profit corporation. The words “you” or “your” refer below to any person who accesses or uses our website.

A.        YOUR CONSENT.    Your access or use of our website, or submittal of any information to us by our website, means you automatically accept and consent to all these terms of use for our website and any amendment or restatement that we may subsequently post (collectively, “Website Terms”), and you agree to be legally bound by our Website Terms.  

B.         OUR WEBSITE. 

1.         This is a general informational website about our charitable Organization. You acknowledge, by your access or use of our website, that the content on our website may not always be correct, current, complete, or suitable for your intended purpose, meaning it shall always appear “AS IS” and “WITH ALL FAULTS.” We do not represent or warrant that your access or use of our website will always be secure, available, uninterrupted, or error-free, or that our website will be compatible with any particular hardware or software platform. For the reasons above, you assume all risk and liability if you access, use, or rely on our website.

2.         Your use of our website shall only be for lawful purposes and in strict compliance with our Website Terms. You are expressly prohibited from: (a) posting or uploading any material on our website that is false, misleading, defamatory, offensive, obscene, pornographic, threatening, discriminatory, violates applicable law, or promotes or advertises third parties, or (b) taking any action to damage, interrupt or interfere with the operation or functionality of our website. You must be 18 years of age or older to access or use our website. We may suspend or terminate your access or use of our website if you fail to comply with our Website Terms or applicable law. We shall exercise our legal and equitable rights under applicable law to enforce our Website Terms against anyone who violates our Website Terms, to recover all damages deemed appropriate by a court of competent jurisdiction, and to seek reimbursement of our attorneys’ fees and costs at all judicial levels including appellate proceedings. If your website use is suspended or terminated, you shall continue to be governed by our Website Terms.

3.         We own or have the right to use (by license or other means) the content on our website, including, but not limited to graphics, photographs, videotapes, logos, trademarks, and service marks, and our right is protected by applicable law.  No license or other right to use any intellectual property displayed on our website has been provided to you by accessing or using our website. You are permitted under a limited, non-exclusive, and non-transferable revocable license, to download or print material on our website solely for your personal, non-commercial, and educational use, provided you do not alter or change such material in any way and you fully comply with our Website Terms. You are not authorized to copy or use our Website Terms for any third party use and any unauthorized use: (a) shall immediately and automatically terminate that revocable license; (b) constitute a violation of applicable law; and (c) our Organization will enforce our legal and equitable rights under our Website Terms and applicable law against all violators.

4.         Our website contains links to third party websites, meaning they are not owned, controlled, or operated by our Organization, and are solely being provided by us for your browsing convenience. We do not endorse or promote those third parties or their products or services. You fully assume all risk and liability by transacting business with those third parties or linking to their websites, meaning DCDP Group (defined below) shall not be liable for any damages, losses, or claims resulting from or related to your access or use of those links; the content, products or services of those third party websites; or their cybersecurity or privacy practices.

5.         Our privacy policy concerning our use of your personal identifiable information, and our data collection, retention, and disclosure practices (collectively, “Privacy Policy”), is separately contained on our website and it is an important part of our Website Terms. If there is any conflict between our Privacy Policy and our Website Terms, these Website Terms shall always control.

C.         GENERAL TERMS. 

1.         Our Organization and its past, present, and future officers, directors, shareholders, employees, legal representatives, successors, assigns, and agents (collectively “DCDP Group”), to the fullest extent permitted under applicable law: (a) disclaim all warranties, including, but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and for NON-INFRINGEMENT of intellectual property rights, and (b) shall not be liable for any damages, whether direct, indirect, consequential, incidental, special, or punitive, or for any business interruption, lost profits, lost data, or  equipment (including, but not limited to hardware and software), or loss of goodwill or business reputation, resulting from or related to your access or use of our website. Some states do not permit the exclusion or limitation of certain warranties or damages, or a limitation on how long an implied warranty lasts, so this exclusion or limitation may not apply to you.

2.         You agree, by your access or use of our website, to personally indemnify, defend, and hold DCDP Group harmless from and against any claims, litigation, liabilities, damages, penalties, fines, expenses, or losses, including, but not limited to our reasonable attorneys’ fees and costs at all judicial levels including appellate proceedings, resulting from or related to: (a) your access or use of our website; (b) your violation of our Website Terms or applicable law; or (c) your violation of the rights of DCDP Group or any third party.

3.         You acknowledge, by your access or use of our website, that: (a)  Florida law governs our Website Terms without regard to that state’s conflict of law provisions; (b) all legal proceedings concerning or involving  our Organization or its website, Website Terms, or Privacy Policy, shall only be filed in state or federal court located in Palm Beach County, Florida U.S., regardless of your residency, citizenship, or the physical location where you access or use our website; and (c) you expressly waive any right to a jury trial or to become a party in a class action legal proceeding against DCDP Group.

4.         Our website is operated by us in Delray Beach, Florida U.S. and is intended solely for U.S. residents. If you access our website outside the U.S., you are solely responsible for your compliance with all applicable law. You agree to comply with all U.S. import and export control laws. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), as may be amended, shall not apply to any commercial transactions between you and our Organization.  

5.         If you think you have a claim against our Organization resulting from your access or use of our website, you must proceed within one (1) year after the date an alleged claim arises under applicable law or your rights shall be permanently barred.

6.         Our Website Terms contain the entire and fully integrated agreement between you and our Organization regarding its content and your access or use of our website. This version of our Website Terms totally replaces any prior versions. None of our Website Terms shall be waived by our action or omission. If any part of our Website Terms is unenforceable or unlawful, that part shall be severed and the remainder shall remain in full force and effect.

7.         Our Website Terms may be amended or restated without notice, and any amendment or restatement shall automatically become effective when we post the updated version on our website. Your subsequent access or use of our website, following an amendment or restatement to our Website Terms, immediately and automatically binds you to the amended or restated version of our Website Terms and satisfies any legal requirements that an agreement must be in writing and signed to be binding and legally enforceable. You acknowledge that the governing language for our Website Terms shall always be in English.