Terms and Conditions of Use
Please read the terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE.
- User Acceptance and Consent to Terms and Conditions of Use
Welcome to Samaritans365.org (for simplicity and completeness, reference to ” Samaritans365.org ” will include the Samaritans365.org website as well as any and all services provided by Samaritans365.org). By using or registering for the services offered on Samaritans365.org, users and the entities or persons they represent (“User”, “Users”, or “you”) agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the “Terms of Use”).
Samaritans365.org reserves the right to change the Terms of Use from time to time and at its sole discretion. It is each User’s responsibility to inform himself or herself of the Terms of Use and monitor any changes. You can review the most current version of the Terms of Use at any time at: http://www.kindnessmatters365.org /terms . Your continued use of Samaritans365.org following the posting of any changes to the Terms of Use, whether or not you have informed yourself of the changes, constitutes acceptance of those changes. Additionally, when you (a) purchase a movie ticket, (b) complete the member registration process, (c) use the customer rating and review service, or (d) use any other service offered by Samaritans365.org, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not use Samaritans365.org. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Samaritans365.org and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms and our Privacy Policy located at http://www.Samaritans365.org /privacy-policy.
- Registration; Member Account Creation and Security
In consideration of your use of the Samaritans365.org site and the Samaritans365.org service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by Samaritans365.org ‘s registration form (such information being the “Registration Data”), and
- maintain and promptly update the Registration Data to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Samaritans365.org has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Samaritans365.org reserves the right to suspend or terminate your account and refuse any and all current or future use of Samaritans365.org and its affiliates.
As part of the registration and account creation process necessary to obtain access to portions of the Samaritans365.org site that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Samaritans365.org with certain registration information, all of which must be accurate and updated. You shall not
- select a subscriber ID already used by another person;
- use a subscriber ID in which another person has rights without such person’s authorization; or
- use a subscriber ID or password that Samaritans365.org , in its sole discretion, deems offensive or inappropriate.
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Samaritans365.org of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Samaritans365.org account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, Samaritans365.org may refer you to appropriate law enforcement agencies. Samaritans365.org cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the Samaritans365.org site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Samaritans365.org site may be subject to prosecution.
- Cookies
This website sometimes places “cookies,” i.e., small pieces of text consisting of one or more name-value pairs containing bits of information such as user preferences, on a user’s computer, via the user’s web browser. You have the right to opt out of such use through your web browser’s settings, which allow you to decide whether or not to accept cookies. In addition, you may opt out of cookies by using either of the following mechanisms:
https://www.quantcast.com/company/opt-out
http://www.networkadvertising.org/managing/opt_out.asp
For more information about the use of certain other information about you, please see our Privacy Policy.
- Privacy Policy
Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy located at http://kindnessmatters365.org/privacy-statement/.
- Users Opinions, Comments and Disputes
Users may elect to submit their opinions regarding products found on Samaritans365.org; typically, this is done in the context of chat rooms, message boards, forum discussions or comment sections. These Users’ comments or opinions are meant to be informative for fellow Users who elect to read or use them. These comments or opinions are exclusively those of the User who post them and are not necessarily the opinion of Samaritans365.org. Moreover, Samaritans365.org does not and cannot guarantee the accuracy or veracity of these opinions or comments.
Samaritans365.org is not responsible for screening, policing, editing, or monitoring the content posted by Users on the Samaritans365.org site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Samaritans365.org may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such content. Samaritans365.org will terminate, under appropriate circumstances and in its sole discretion, any User(s) deemed to be repeat infringers of copyrights or these Terms of Use.
Notwithstanding the foregoing, neither Samaritans365.org, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Samaritans365.org, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communications, or content on the Samaritans365.org site.
You are solely responsible for your interactions with other Samaritans365.org Users. Samaritans365.org reserves the right, but has no obligation, to monitor disputes between you and other Users.
- License; Permitted Use
You acknowledge and agree that you are only authorized, in accordance with and pursuant to the Terms of Use, to visit, view and to retain a copy of pages of Samaritans365.org ‘s site for your own personal, noncommercial use; and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use Samaritans365.org for any purpose other than to review movie and promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by Samaritans365.org to do so. As an express condition of your use of Samaritans365.org, you warrant to Samaritans365.org that you will not use Samaritans365.org for any unlawful purpose or purpose prohibited by the Terms of Use. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by Samaritans365.org to do so.
You acknowledge and agree that you acquire absolutely no rights or licenses in or to Samaritans365.org , its site, its services and/or its materials contained therein other than the limited right to utilize Samaritans365.org in accordance with the Terms of Use. Should you choose to download content from Samaritans365.org, you must do so in accordance with the Terms of Use. Such download is licensed to you by Samaritans365.org ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you. If you violated any part of the Terms of Use, your permission to use Samaritans365.org automatically terminates and you must immediately destroy any copies you have made of any material obtained through the site.
- Rules Of User Conduct; User’s Grant Of Limited License; User-generated Content Rules
(a) Rules of User Content; Service Limitations. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom or entity from which such Content originated. This means that you, and not Samaritans365.org, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Samaritans365.org site. Samaritans365.org does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using Samaritans365.org, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Samaritans365.org be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Samaritans365.org site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Samaritans365.org site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
- is known by you to be false, inaccurate or misleading;
- is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, hateful, or otherwise violates Samaritans365.org ‘s Terms of Use;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or rights of publicity or privacy;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including any employee or representative of Samaritans365.org or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
- for which you were compensated or granted any consideration by any third-party;
- harms minors in any way;
- intentionally or unintentionally violates any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- “stalks” or otherwise harasses another;
- collects or stores personal data about other users;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and/or
- contains any computer viruses, worms or other potentially damaging computer programs or files.
You also agree that you WILL NOT:
- harvest or collect information about the users or members of Samaritans365.org or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
- knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent;
- use any robot, spider, other automatic device, or manual process to monitor or copy Samaritans365.org ‘s web pages or the content contained thereon without Samaritans365.org ‘s prior written consent;
- use any robot, spider, other automatic device, or manual process for any other unauthorized purpose without Samaritans365.org ‘s prior written consent;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Samaritans365.org site;
- take any action that imposes an unreasonable or disproportionately large load on Samaritans365.org ‘s infrastructure;
- copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, noncommercial use) from the Samaritans365.org site without the prior written consent of Samaritans365.org ;
- use information from the Samaritans365.org site to harass, abuse, or harm another person; and/or
- use information from the Samaritans365.org site to contact, advertise, solicit or sell to any other member or User without that member or User’s prior consent.
You acknowledge and agree that Samaritans365.org may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms of Use;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Samaritans365.org , its User and the public.
You understand that the technical processing and transmission of the Samaritans365.org service, including your Content, may involve:
- transmissions over various networks; and
- changes to conform and adapts to technical requirements of connecting networks or devices.
(b) User’s Grant Of License. By posting or submitting Content to any User-submit areas of the Samaritans365.org site (“User Content”), you automatically grant, or warrant that the owner of such content has expressly granted, Samaritans365.org and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Samaritans365.org will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User’s personal use. All User Content that you submit may be used at Samaritans365.org’s sole discretion. Samaritans365.org reserves the right to change, condense or delete any content on the Samaritans365.org site that it deems, in its sole discretion, to violate the content guidelines or any other provision of the Terms of Use. Samaritans365.org does not guarantee that you will have any recourse through Samaritans365.org to edit or delete any of your User Content. Samaritans365.org reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not Samaritans365.org, are responsible for your User Content. None of your User Content shall be subject to any obligation of confidence on the part of Samaritans365.org, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
(c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to Samaritans365.org you represent and warrant that:
- you are the sole author and owner of the intellectual property rights to your User Content;
- all “moral rights” that you may have in such User Content have been voluntarily waived by you;
- your posted User Content is accurate;
- you are at least 13 years old; and
- use of your User Content does not violate the Terms of Use and will not cause injury to any person or entity.
(d) Indemnification by Users. You agree to indemnify and hold Samaritans365.org , together with its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the “MT Parties”), harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party. Moreover, you agree to protect and fully compensate the MT Parties and their respective service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of Samaritans365.org, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(e) No Endorsement of User Content. You acknowledge and agree that Samaritans365.org does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Samaritans365.org does not pre-screen or unilaterally monitor any User Content, but that Samaritans365.org and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.
- Proprietary Rights; Restrictions on Use
You acknowledge and agree that the Samaritans365.org site is the copyrighted property of Samaritans365.org , and you further acknowledge that the Samaritans365.org site contains Content, User Content and other content, some of which is owned by Samaritans365.org and some of which is owned by third-parties (collectively, “Protected Content”). The Protected Content is protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Samaritans365.org owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Samaritans365.org , you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the Samaritans365.org site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Samaritans365.org is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Samaritans365.org site or the Terms of Use.
The Samaritans365.org site or any portion of the Samaritans365.org site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Samaritans365.org (and the copyright owner if other than Samaritans365.org.) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Samaritans365.org and our affiliates without prior written consent. You may not use any meta tags or any other “hidden text” utilizing Samaritans365.org’s name or trademarks without the express written consent of Samaritans365.org. Any unauthorized use terminates the license granted by Samaritans365.org.
You agree not to use, transfer, distribute or dispose of any information contained in the Samaritans365.org site in any manner that could compete with Samaritans365.org’s business. You agree to protect the proprietary rights of Samaritans365.org and all others having rights in the Samaritans365.org site during and after the term of these Terms of Use and to comply with all reasonable written requests made by Samaritans365.org or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the Samaritans365.org site. You agree to notify Samaritans365.org in writing promptly upon becoming aware of any unauthorized access or use of Samaritans365.org by any party or of any claim that Samaritans365.org infringes upon any copyright, trademark or other contractual statutory or common law rights.
Illegal and/or unauthorized uses of Samaritans365.org , including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the Samaritans365.org site protected by copyright, or other proprietary right without the express written permission of Samaritans365.org . Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at business@Samaritans365.org.
IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF SAMARITANS365.ORG, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM SAMARITANS365.ORG AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SAMARITANS365.ORG SITE OR ITS CONTENT WOULD BE A VIOLATION OF SAMARITANS365.ORG ‘S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF SAMARITANS365.ORG FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MOVIETICKETS. COM. FURTHERMORE, YOU MAY NOT USE ANY OF SAMARITANS365.ORG ‘S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH SAMARITANS365.ORG ‘S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE SAMARITANS365.ORG OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF SAMARITANS365.ORG ‘S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
- Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Samaritans365.org (the “Intellectual Property Rights”) shall, as between you and Samaritans365.org, at all times be and remain the sole and exclusive property of Samaritans365.org. All present and future rights in and title to Samaritans365.org (including the right to exploit Samaritans365.org and any portions of Samaritans365.org over any present or future technology) are reserved to Samaritans365.org for its exclusive use.
- Copyrights and Copyright Agents
Samaritans365.org respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Samaritans365.org’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Samaritans365.org site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Samaritans365.org’s Copyright Agent for notice of claims of copyright infringement on the Samaritans365.org site can be reached as follows: by mail: Copyright Agent, Legal Dept, Samaritans365 Foundation, 11865 Preservation Lane, Boca Raton, FL 33498; by email: info@Samaritans365.org.
- Fees and Payments
Samaritans365.org reserves the right at any time to charge fees for access or use of Samaritans365.org. If at any time Samaritans365.org requires a fee for access or the use of all or portions of Samaritans365.org, Samaritans365.org will require you to register and create an account. In no event will you be charged for access or use to all or portions of Samaritans365.org unless Samaritans365.org obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through Samaritans365.org or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of Samaritans365.org through your account, and the purchase of any other products or services. Certain portions or services of Samaritans365.org may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from Samaritans365.org if a Prepaid Fee is required unless Samaritans365.org receives, in advance, all fees and charges payable by you, including the Prepaid Fee.
- Third-Party Samaritans365.org sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Samaritans365.org’s control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Samaritans365.org, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Samaritans365.org. You acknowledge that Samaritans365.org is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Samaritans365.org.
- Disclaimer Of Warranties; Limitation of Liability
A PORTION OF SAMARITANS365.ORG ‘S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF SAMARITANS365.ORG . SAMARITANS365.ORG NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON SAMARITANS365.ORG BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF SAMARITANS365.ORG WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
YOU AGREE THAT YOUR USE OF THE SAMARITANS365.ORG SITE AND SERVICES ARE AT YOUR SOLE RISK AND ACKNOWLEDGE THAT SAMARITANS365.ORG AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, AND THAT SAMARITANS365.ORG MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SAMARITANS365.ORG , ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT SAMARITANS365.ORG CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SAMARITANS365.ORG SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SAMARITANS365.ORG SITE OR SERVICES ARE FREE OF VIRUSES, WORMS OR “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Moreover, you agree that Samaritans365.org, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
- Any injury or damages, whether caused by the negligence of Samaritans365.org , its employees, subcontractors, agents, suppliers or otherwise arising in connection with your use of Samaritans365.org and shall not be liable for any lost profits; punitive, incidental, statutory or consequential damages; or any claim against you by any other party.
- Any inaccuracy, omission, delay or any other technical problem or failure, whether real or perceived, related to Samaritans365.org , regardless of the cause, including but not limited to computer equipment failures, ISP failures, router problems, connection issues, or similar problems or issues.
Samaritans365.org is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on Samaritans365.org which are not maintained or controlled by Samaritans365.org. Samaritans365.org does not:
- make any warranty, express or implied, with respect to the use of the links provided on Samaritans365.org ;
- guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to Samaritans365.org ; or
- make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to Samaritans365.org .
SAMARITANS365.ORG IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, INTERNET AND EQUIPMENT YOU USE TO ACCESS SAMARITANS365.ORG. YOU UNDERSTAND THAT SAMARITANS365.ORG AND/OR THIRD-PARTY CONTRIBUTORS TO SAMARITANS365.ORG MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE MT PARTIES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE MT PARTIES HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE SAMARITANS365.ORG OR ANY LINKS OR ITEMS ON SAMARITANS365.ORG SITE OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SAMARITANS365.ORG ‘S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SAMARITANS365.ORG ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR PURSUANT TO STATUTE, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR ACCESS AND/OR USE OF SAMARITANS365.ORG.
- Indemnification
You agree to defend, indemnify and hold harmless Samaritans365.org and the MT Parties, its co-branders or other partners from any and all liabilities, claims, expenses or demand, including reasonable attorneys’ fees, made by any third-party due to or arising: (i) from your use or misuse of or your connection to Samaritans365.org ; (ii) out of User Content you submit, post to or transmit through Samaritans365.org ‘s site or service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Samaritans365.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Samaritans365.org in asserting any available defenses.
- Representations and Warranties
You represent, warrant and covenant that:
- you have the power and authority to enter into this agreement;
- you are at least thirteen (13) years old;
- you shall not use any rights granted hereunder for any unlawful purpose; and
- you shall use Samaritans365.org ‘s site and service only as set forth in these Term of Use.
- International Use
Samaritans365.org makes no representation that materials on Samaritans365.org are appropriate, legal or available for use in locations outside the United States and Canada, or that it is authorized for export from the United States or Canada or import into any other country. Samaritans365.org’s site and services are not intended for use or distribution by any person in any jurisdiction where such use or distribution is contrary to local law or regulation. Those who choose to use or access Samaritans365.org’s site or services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of Samaritans365.org. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access Samaritans365.org’s site or service.
- General Information
The Terms of Use and the relationship between you and Samaritans365.org shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Samaritans365.org agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD-PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of Samaritans365.org to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Samaritans365.org site or service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that Samaritans365.org has the right to change the content, service or technical specification of any aspect of its site or services at any time in Samaritans365.org ‘ssole discretion. You further accept that such changes may result in your being unable to access Samaritans365.org.
- Arbitration
Samaritans365.org is committed to resolving any customer concerns, and we will attempt to directly resolve your complaints. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules in Palm Beach County, Florida. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel. The costs of the chairman of the arbitration panel, or of a single arbitrator, shall be borne equally by the parties. Each party shall pay the costs of an arbitrator appointed by that party whenever a panel of arbitrators is engaged. Each party shall be responsible for their own attorneys’ fees and related expenses, unless the arbitrator(s) award recovery of such fees and expenses to the prevailing party.
- Termination
You may terminate your account at any time by sending an e-mail to feedback@Samaritans365.org. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated.
Samaritans365.org may terminate your account, with or without cause, at any time and effective immediately. Your use of Samaritans365.org may terminate immediately without notice from Samaritans365.org if you, in Samaritans365.org’s sole discretion, fail to comply with any provision of the Terms of Use.
Upon termination by you or upon notice of termination by Samaritans365.org, you must immediately cease all use of Samaritans365.org and destroy all materials obtained from Samaritans365.org and any copies thereof.
- Entire Agreement
The Terms of Use and any and all other terms and conditions of service on www.Samaritans365.org , and its successor(s), represent and constitute the entire agreement between you and Samaritans365.org regarding your relationship with Samaritans365.org , supersedes any prior statements or representations and governs your use of the Samaritans365.org ‘s site and/or service.
- Contact Information
- Samaritans365 Foundation, Inc.
11865 Preservation Lane, Boca Raton, FL 33498