1. Agreement
The Focolare Movement of the United States and Canada (“FMNA,” “we,” “us” or “our”) grants you (“You” or “User,” collectively “Users”) a non-exclusive, non-transferable, permission to display the webpages and access content hosted on the FMNA website (“Website”) subject to the restrictions in this Terms of Service agreement (“TOS”). YOUR USE OF THE WEBSITE CONSTITUTES AUTOMATIC ACCEPTANCE OF THIS TOS. This TOS is a legally binding contract between You and FMNA governing the access and use of the services offered, and all information, content, media, content, printed materials and other electronic documentation accessible from www.focolare.us, any sub-domains thereof (each of which constituting a part of the Website), regardless of whether any such materials or services are provided in a publicly-accessible or a members-only section of the Website. FMNA expressly reserves the right to change the TOS at any time by reasonable notice, including without limitation by posting revised terms on the Website (which shall constitute reasonable notice), and/or notifying you via email at the email address we have on file for you. Any such amended terms shall be binding upon Users upon posting. PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW IN PARAGRAPH 8.
2. Intellectual Property
All works of authorship hosted on the Website which have been generated by FMNA or on its behalf by its members, agents or contractors, including, but not limited to, any designs, text, sound recordings, images, icons, and the overall appearance of the Website or sections thereof, (“FMNA Content”) are the sole and exclusive property of FMNA. The posting of such works on the Website does not constitute a waiver of any of FMNA’s intellectual property or proprietary rights, including, but not limited to, copyrights, trademarks, service marks and other intellectual property or proprietary rights, or a transfer by implication, estoppel or otherwise of any such rights or of any license to Users of the Website or to any third party. The FMNA Content is protected by U.S. and foreign copyright laws, both as individual works and in some instances as collections, as well as by U.S. and foreign trademark laws. By using this Website, You agree not to use any copyright, trademark, proprietary or confidential information contained therein in a manner inconsistent with the TOS or in violation of any U.S. or foreign law governing the protection of intellectual property or proprietary rights. No FMNA Content from the Website may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way without FMNA’s express consent. FMNA grants Users the right to view and print FMNA Content, including information, documents and webpages located on the Website for personal use but not for any for-profit or commercial activities, provided that: (a) any copies of the Website or sections thereof must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (b) Users must give attribution to FMNA and if possible provide a reference to FMNA’s main website www.focolare.us, (c) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (d) if the material is combined with other materials, Users must clearly designate which portion of the complete work is FMNA Content. Any User that shares the printed materials with others must advise the recipient as to the TOS and they must agree to abide by the TOS. Failure to comply with these conditions will immediately terminate this permission and may result in the infringement or violation of copyrights, trademarks or other proprietary rights owned by FMNA.
3. Prohibited Activities
You agree that you will not:
a. use the site for any illegal purpose
b. gain unauthorized access to the company’s data or the data of other users
c. create, alter or modify another website to falsely imply that it is associated with the FMNA website
d. use the website to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct
e. breach, or attempt to breach, the website’s security systems
f. enable third parties to violate the TOS
4. External Links
FMNA may provide links to other Internet websites or resources. FMNA, its members, agents, or any other parties involved in the preparation or publication of this Website shall not be responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites, nor does FMNA endorse any such links or other related materials. It is the responsibility of Users to take precautions when accessing any linked websites or content hosted on third party websites.
5. Privacy Policy
Our collection of personal information via the Website is governed by our Privacy Policy viewable at the Privacy Policy link located at the bottom of page.
6. Disclaimer of Warranty and Liability
To the fullest extent permitted under law, the Website is provided on an “as is” and “as available” basis. FMNA makes no representations or warranties of any kind, express or implied, regarding the availability, operation, or administration of the Website or the information or content on it. FMNA does not make any express or implied warranties, representations, or endorsements whatsoever in connection with other websites accessed by links posted on the Website or the Internet generally. To the full extent permitted by applicable law, FMNA specifically disclaims all such warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. FMNA will not be liable for any damages of any kind arising from the use or inability to use the Website. You expressly agree that you use the Website solely at your own risk.
FMNA does not guarantee that the Website will meet your requirements, or that it is effective, error-free, accurate, reliable, without interruption or available at all times. FMNA does not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at all times or locations of your choosing. To the fullest extent permitted under law, in no event shall FMNA be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the Website, or any failure or delay in updating or including any materials on the Website, or any use of or inability to use any materials on the Website, even if FMNA has been advised of the possibility of such damages. In addition, when you are using the Website, information will be transmitted to you over a medium which is beyond the control and jurisdiction of FMNA, its partners and sponsors or any other third party mentioned on the Website. Accordingly, FMNA assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
7. Right to Restrict Access, Remove Content and Discontinue Service
FMNA has the right to restrict Users’ access to the Website, including individual areas or services provided by the Website, for any reason. FMNA also reserves the right to modify, suspend or discontinue the Website, with or without notice, at any time and without any liability to Website Users.
8. Dispute Resolution and Agreement to Arbitrate
Any controversy or claim arising out of or relating to the TOS, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Baltimore, Maryland. The arbitration shall be governed by the laws of the State of Maryland without regard to its conflict of law principles. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of that party’s costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
9. Jurisdiction
In the event that arbitration as provided in Paragraph 8 above is prohibited by law, the state and federal courts located in Baltimore, Maryland will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the TOS, including their formation as a contract or their enforcement, and You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the TOS. In any action or proceeding to enforce rights under the TOS, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. The TOS will be governed by the law of the State of Maryland applicable to contracts made and performed there without regard to the conflict of law principles of that state. You agree that if FMNA does not exercise or enforce any legal right or remedy that is contained in the TOS (or for which FMNA is entitled under any applicable law), this will not be construed as a waiver of these rights and remedies.
10. Severability
If any one or more of the provisions of this TOS are held to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision or provision in every other respect and of the remaining provisions of this TOS shall not be in any way impaired.
11. Term, Termination and Survival
This TOS will be effective as of the date you access the Website and will continue to apply as long as you access the Website. FMNA may at any time terminate its legal agreement with you and your right to access and use the Website if you have breached any provision of the TOS, or if FMNA is required to do so by law, or if FMNA no longer maintains the Website and is terminating the service. Paragraphs 6, 8, 9 and 10 of this User Agreement survive any such termination.
12. Contact Us
If you have any questions, comments or concerns, please contact us at: website@focolare.us