Terms and Conditions of Use including
Please read these Terms and Conditions carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions. If You do not accept these Terms and Conditions, please do not use this Web Site. Fairfax CASA may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Site Material violates copyright, trademark, and other laws. Fairfax CASA authorizes You to view and download a single copy of the Site Material for Your personal use. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited, unless you obtain Fairfax CASA’s prior written consent.
The names, marks, and logos appearing or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Fairfax CASA. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Fairfax CASA makes fair use in this Web Site of trademarks owned by third parties. Any such third party marks are clearly noted, and Fairfax CASA makes no claim to ownership of those marks.
In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), Pub. L. 105-304, Fairfax CASA has designated the following individual to receive notification of alleged copyright infringement on the Web Site:
Fairfax Court Appointed Special Advocates
4103 Chain Bridge Road, Suite 200
Fairfax, Virginia 22030-4107
Tel: (703) 273-3526
Fax: (703) 273-2201
A claim of copyright infringement must be submitted in writing via either a physical or electronic medium and contain the following:
- A physical or electronic signature of a person who owns or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or access to which is requested to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information sufficient to allow us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the owner of or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fairfax CASA welcomes Your comments on our Web Site and services, however, you acknowledge that if You send us suggestions, ideas, notes, drawings, concepts, inventions or any information (collectively, the “Information,”), the Information will be deemed and will remain Fairfax CASA’s property. The term “Information” does not include personally identifiable information that You provide to us through this Web Site, which is covered by the Section of these Terms and Conditions entitled “Privacy.” By submission of any Information to us, (i) You assign to us and we will exclusively own, all now known and hereafter existing rights to such Information of every kind and nature throughout the world and will be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to You or any third party, and (ii) You represent that you have the right to provide these rights to Fairfax CASA.
As a user of this Web Site, You are responsible for Your own communications and are responsible for the consequences of their posting, disclosure and use. Therefore, do not do any of the following things, or any other thing that could violate any law or the rights of third parties: transmit to us or post material that is copyrighted, unless You are the copyright owner or have the written permission of the copyright owner to transmit and post it; send or post material that reveals trade secrets, unless You own them or have the written permission of the owner; send or post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send or post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; send or post sexually-explicit images; send or post advertisements or solicitations of business; send or post chain letters or pyramid schemes; or impersonate another person.
Fairfax CASA reserves the right, but does not undertake the obligation, to (i) expel users and prevent their further access to this Web Site for violating these terms or the law, and (ii) remove any communications from this Site. The violation of any of these Terms and Conditions will result in the immediate revocation of Your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession or control. Fairfax CASA will also have all other rights and remedies to which it is entitled at law or in equity as a result of any such violation.
Limitation of Liability
Although Fairfax CASA strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Additionally, while users of this Web Site are bound by these Terms and Conditions not to submit false material, Fairfax CASA is not responsible for the violation of these Terms and Conditions by Web Site visitors or other users, or for Your reliance on false or misleading material. Fairfax CASA makes no representations about the accuracy, reliability, completeness or timeliness of the Site Material, or about the results to be obtained from using the Web Site. Your use of the Web Site and the Site Material is undertaken at Your own risk.
FAIRFAX CASA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, INCLUDING ITS SERVER AND THE SITE MATERIAL, ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. FAIRFAX CASA WILL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSE OR LIABILITY ARISING OUT OF YOUR USE OF THE WEB SITE OR THE SITE MATERIAL, INCLUDING, WITHOUT LIMITATION, COSTS ARISING OUT OF THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THIS WEB SITE AND THE SITE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FAIRFAX CASA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH FAIRFAX CASA STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS WEB SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
Disclaimer of Consequential Damages
IN NO EVENT WILL FAIRFAX CASA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THIS WEB SITE, THE USE OR INABILITY TO USE THIS WEB SITE OR SITE MATERIAL, OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAIRFAX CASA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Web Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Fairfax CASA of the contents on those other sites. Fairfax CASA is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web Site, You do so at Your own risk.
By using this Web Site, You agree to defend, indemnify and hold harmless Fairfax CASA, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Fairfax CASA may become obligated to pay arising or resulting from Your use of the Website or the Site Material or Your breach of these Terms and Conditions. Fairfax CASA reserves the right to assume or participate, at Your reasonable expense, in the investigation, settlement and defense of any such action or claim.
At Fairfax CASA, Your privacy is important to us. Fairfax CASA does not collect personally-identifying information about You (such as Your name, address, telephone number or e-mail address) unless You opt to submit that information to us directly or make such information available on the Web Site, such as by using the form on the “Contact Us” page of the Web Site, or You opt-in to receive marketing materials.
IF YOU ARE UNDER 18 YEARS OF AGE YOU MAY NOT OPT-IN TO RECEIVE MARKETING OR ANY OTHER MATERIALS.
When You visit this Web Site, the Web Site may automatically collect certain non-identifying information about You, such as the type of browser or computer operating system You use or the domain name of the Web Site from which You linked to us. By using the Web Site, You agree that this information is the property of Fairfax CASA and You will never contest Fairfax CASA’s right to use this information in any manner. In addition, the Web Site may store some information on Your computer’s hard drive as a “cookie” or similar type of file. We use this information internally, to help us enhance the efficiency and usefulness of the Web Site through the aggregation of non-identifying customer data. If You object to this, please consult Your Browser’s documentation for information on erasing or blocking cookies.
Notwithstanding anything to the contrary set forth herein or elsewhere on the Web Site, any personally identifying information You provide to us through the Web Site may be used for our internal business, marketing, and development purposes, including soliciting and disseminating fundraising, volunteer, and support opportunities. However, Your personally identifying information will not be sold, licensed or disclosed to third parties unless (i) it is aggregated so as not to identify You, or (ii) You have elected to opt-in to marketing materials, elected to identify Yourself to another user, or expressly requested information about a specific vendor, service or opportunity identified on our Web Site. In this last case, Your request will be passed along to the appropriate third party recipient You have identified. Notwithstanding anything to the contrary herein or elsewhere on the Web Site, we reserve our right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, to defend our rights or property, or to respond to an emergency situation. Nothing in these Terms and Conditions will preclude Fairfax CASA from using and disclosing non-identifying information (including information that is aggregated so as to become non-identifying) in any lawful manner.
You have the ability to review and update Your information and profile at any time, including Your decision to receive marketing, promotional, or development materials from us. If You are concerned about the information You have provided to us, or have any questions regarding the retention of that information, please contact us at firstname.lastname@example.org. We will make reasonable efforts to resolve any concerns.
Fairfax CASA employs reasonable security measures to protect the personal information You submit to us, once it is received, such as a firewall and SSL Certificate.
These Terms and Conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Virginia with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. All waivers of any provision of these Terms and Conditions must be in writing. No waiver of any of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in the Web Site, these Terms and Conditions constitute the entire agreement between You and Fairfax CASA with respect to this Web Site, the Site Materials and Your use of this Web Site.