When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically so that we may respond to your communications. We will communicate with you by e-mail or by posting notices on this Site and 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.
Aqua Foundation does not permit copyright infringing activities on its Site. Aqua Foundation abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to [email protected] Foundation.com.
Conduct and Site Security
Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site will not be permitted. The Site may only be used for lawful purposes. You are prohibited from (a) accessing or using this Site in order to collect information about Site visitors or registered users of this Site, (b) violating or attempting to violate the security of the Site, or (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. Violations of system or network security may result in civil or criminal liability.
You may create a text-only hyperlink labeled “Aqua Foundation Web site” to our home page only (www.aquafoundation.org). You are not permitted to use a link that “frames” our Site or that portrays Aqua Foundation, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Also, you may not use any Aqua Foundation logo, graphic or trademark as part of the link without our express written permission. To request permission to use Aqua Foundation’s logo, graphics or trademark or please send an e-mail to [email protected] Aqua Foundation may revoke your right to link at any time for any reason.
Aqua Foundation reserves the right, but not the obligation, to monitor areas of the Site electronically and to remove information and materials that Aqua Foundation deems, in its sole discretion, to be objectionable. However, subject to the terms of our Copyright Policy, Aqua Foundation expressly disclaims any obligation or warranty to screen or remove objectionable materials. Aqua Foundation further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Aqua Foundation‘s rights or property, or the rights of the other Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants.
If you choose to receive any wireless or mobile marketing services, you agree to be bound by our Wireless Marketing Services Terms.
Third Party and Co-branded Sites
Aqua Foundation may provide links on the Site to other web sites (including co-branded web sites) that are not under the control of Aqua Foundation. Aqua Foundation does not assume any responsibility for the operation, content, privacy practices of such web sites or the technology they implement. You agree that you use these web sites at your sole risk. Aqua Foundation in its sole discretion may modify or remove such links at any time and without notice.
Aqua Foundation may offer you the opportunity, or you may choose, to submit information or ideas to Aqua Foundation or to other Site users (collectively “Submissions”). We welcome your Submissions. However, by sending such Submissions to Aqua Foundation, you acknowledge that the Submissions will not be treated by Aqua Foundation as confidential and you agree to grant to Aqua Foundation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.
ALTHOUGH AQUA FOUNDATION RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. AQUA FOUNDATION DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM AQUA FOUNDATION, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AQUA FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AQUA FOUNDATION UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to hold harmless Aqua Foundation and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Site or your inability to access or to use the Site or from any services rendered by Aqua Foundation or its contractors in conjunction with the Site or your use of the Site.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration in Miami, Florida, except for intellectual property claims that Aqua Foundation may have against you. Arbitration under this agreement shall be resolved exclusively by confidential, final, binding arbitration under the rules then prevailing of the American Arbitration Association.
The arbitrator shall apply Florida law, and 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.
Intellectual Property Claims by Aqua Foundation
In the event of intellectual property claims by Aqua Foundation against you, Aqua Foundation shall have the right to litigate such claims in any state or federal court in Miami, Florida, and you consent to the exclusive and mandatory venue in such courts.