Email: info@flamboyanfoundation.org

Washington, DC office:
1730 Massachusetts Avenue, NW | Washington, DC 20036
Tel: (202) 315-2410

Puerto Rico office:
P.O. Box 16699 | San Juan, PR 00908-6699
Tel: (787) 977-5522

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Terms of Use

Welcome to the Web site of the Flamboyan Foundation, located at www.flamboyanfoundation.org (“Web site”) owned and operated by the Flamboyan Foundation (“we” and “us”). In addition to the Content on the Web site and the services provided by the Flamboyan Foundation through the Web site (“Services”), the Web site provides you with various opportunities to submit Content and participate in various community Services. BY USING OUR WEB SITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

1. Copyright and Ownership. All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by the Flamboyan Foundation, its licensors, vendors, agents and/or its Content providers. All elements of the Web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web site may be used only for the intended purpose for which such Web site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational or noncommercial purposes only. You may not modify any of the materials. Except for personal, informational or non-commercial purposes, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site and Services. The Web site, its Content and all related rights shall remain the exclusive property of the Flamboyan Foundation or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web site.

2. Trademarks. All trademarks, service marks and trade names of the Flamboyan Foundation or its partners, vendors or licensors used herein (including, but not limited to, the Flamboyan Foundation name and the Flamboyan Foundation logo) (collectively “Marks”) are trademarks or registered trademarks of the Flamboyan Foundation or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without the Flamboyan Foundation’s prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed. The Flamboyan Foundation prohibits the use of the Marks as a “hot” link on or to any other Web site unless establishment of such a link is approved in advance.

3. Framing this Web site. Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.

4. Third-Party Links. From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by the Flamboyan Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site, nor any products or services that you buy from any other Web sites or any donations made through any other Web sites. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so entirely at your own risk.

5. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.

6. Force Majeure. Neither the Flamboyan Foundation nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.

7. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. THE FLAMBOYAN FOUNDATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND THE FLAMBOYAN FOUNDATION DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

8. LIMITATIONS OF LIABILITY. The Flamboyan Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site or Services, and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL THE FLAMBOYAN FOUNDATION, OR ANY OF ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FLAMBOYAN FOUNDATION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL THE FLAMBOYAN FOUNDATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).

9. Indemnity. You agree to defend, indemnify and hold the Flamboyan Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Web site or the Internet or your placement or transmission of any message or information on this Web site by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to the Flamboyan Foundation; or (f) any other party’s access to and use of the Web site with your unique username, password or other appropriate security code.

10. Release. In the event that you have a dispute with one or more other users of the Web site, you release the Flamboyan Foundation (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. General. Any claim relating to, and the use of, this Web site and the materials contained herein is governed by the laws of the District of Columbia. You consent to the exclusive jurisdiction of the courts located in the Direct of Columbia. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by the Flamboyan Foundation in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof.

12. Entire Agreement. These Terms and Conditions are the entire agreement between the user and the Flamboyan Foundation and supersede any prior understandings or agreements (written or oral).

13. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at info@flamboyanfoundation.org.

14. Copyright Notice. All Web site design, graphics, text selections, arrangements and all software are Copyright © 2011, Flamboyan Foundation. ALL RIGHTS RESERVED.