Terms of Use

Introduction

The Assistance Fund, Inc.’s (“TAF”) Terms of Use (the “Terms”) contain the terms and conditions upon which TAF is willing to provide you access to and use of its website, and all related pages, information, databases, materials and services (collectively, the “Site”), and govern (i) any request you make to TAF through the Site, (ii) your use of any services available through the Site (the “Services”) and (iii) any donation you make to TAF through the Site. These Terms form a contract between you and TAF. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services.

Use of the Site or use of the Services indicates your acceptance of these Terms, TAF’s Privacy Policy and any other separate terms and conditions you expressly agree to be bound by when using such Services or using the Site.

If you have questions regarding these Terms, please contact TAF at help@tafcares.org or (855) 845-3663.

License

By accessing the Site, you have a limited license to use the Site and Services, including the limited right to view, download and print, for your noncommercial, personal use and information only, pages of the Site, subject to these Terms. These Terms cannot be waived or modified by any oral communications between you and TAF.

Content and Intellectual Property Rights

All content on the Site, including but not limited to, articles, other text, photographs, directories, images, guides, audio clips, and promotional copy, as well as the emblems, trademarks, trade names, copyrights, copyrightable material, service marks, and any other form of intellectual property (collectively, “Intellectual Property”) is owned by or licensed to us or third parties and are protected from unlawful use, replication, and distribution by copyright, trademark, publicity, and other laws. Nothing in the Terms is to be interpreted as transferring or licensing any Intellectual Property to you. Unless specifically permitted in writing by us, you shall not duplicate, capture, trade, upload, or otherwise exploit in whole or in part any of the Intellectual Property. Any use of the Intellectual Property other than as permitted by the Terms will constitute a violation of the Terms and may constitute copyright and/or patent infringement.

Copyrights

We respect the Intellectual Property of others and ask that our users do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Our Copyright Agent may be reached by emailing copyright@tafcares.org.

Not Medical Advice

The Site does not offer medical advice. Any content accessed through the Site is for informational purposes only. You are solely responsible for the accuracy of all information contained in your personal data that may be accessible through the Site. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Call 911 for all medical emergencies.

Prohibited Use of the Site

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Site or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion. In addition, you agree not to and will not assist another to:

• a) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, in whole or in part, except as expressly permitted by us;
• b) upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
• c) link to, mirror or frame any portion of the Site without our prior express written permission;
• d) scrape, index, survey, or data mine any portion of the Site or unduly burden or hinder the operation of the Site; or
• e) remove any notice of the proprietary rights of our licensors and us from any portion of the Site or printed version thereof.

Account Enrollment and Security

To access some of the Site, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TAF has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, TAF reserves the right to refuse any future request(s) to use the Site. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Updating Terms

TAF reserves the right, at its discretion, to modify or delete the contents of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason. TAF also reserves the right to terminate the Services or any part of the Services. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of tafcares.org. Your continued access or use of the Site shall be deemed acceptance of all changes.

Personal Information and Unauthorized Use

You agree that any information you provide to TAF, including, without limitation, passwords, usernames, credit card and financial information, and other personally identifiable information, whether through registration forms, donation forms or other information requests, (collectively “Personal Information”), will be true, accurate, current and complete information. You agree not to provide Personal Information that is false, inaccurate, misleading or fraudulent. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that TAF is not liable to you or any third party for damages or losses related to the accuracy or disclosure to TAF of your Personal Information. If you believe that someone has used your Personal Information to access any TAF services without your authorization, please contact TAF immediately at help@tafcares.org or (855) 845-3663.

Please review TAF’s Privacy Policy (https://tafcares.org/privacy-policy/), which is incorporated into these Terms by reference, for more information regarding TAF’s policies and procedures for disclosing and using your Personal Information. Subject to the Privacy Policy and applicable law, TAF retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or TAF’s provision of the Services.

Children

As noted in its Privacy Policy, TAF does not knowingly or specifically collect Personal Information from users under the age of 13. TAF presumes minors over age 13 who use the Site are doing so with the consent of their parent, guardian or other authorized person and that any acceptance of TAF’s Terms is done by such parent, guardian or other authorized person.

Termination, Removal of Materials, and Monitoring

If you no longer agree to be bound by these Terms, you must cease use of the Site and Services. You agree that TAF may terminate, restrict or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Upon termination of these Terms and any related Services, TAF shall continue to have the right to use any data or information you provided to TAF to the extent permitted pursuant to these Terms, the TAF Privacy Policy, applicable law or as you may have otherwise agreed to on the Site.

Website Linking and Cautions About Third Party Information Included in Site

For your general informational use only, TAF may provide access to third party websites. These links allow you to leave the Site. TAF is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by TAF or by a third party (including any responsibility for the accuracy, timeliness or suitability of the content of any third party website to which TAF may link). By providing access to other websites, TAF is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. TAF does not expressly, or by implication, endorse, recommend or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, OR BY OR ON BEHALF OF TAF, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). TAF MAKES NO REPRESENTATION OR WARRANTY REGARDING, IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR THE SERVICES, OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN TAF, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON TAF’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO TAF.

YOU AGREE THAT TAF IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL TAF’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE GREATER OF THE FEES YOU PAID TO TAF FOR THE PARTICULAR SERVICES FROM WHICH ANY CLAIMS ARISE OR $100. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY TAF IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST TAF, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

If you provide TAF with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold TAF responsible for any misuse or unauthorized viewing of that information.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by TAF, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by TAF of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by TAF.

Dispute Resolution

If a dispute arises between you and TAF, it is the goal of TAF to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims or controversies (“Claims”) arising under or relating to these Terms, the Site or the Services that cannot be resolved informally, will be finally resolved by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Independent Parties

For purposes of these Terms, neither party hereto shall be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by these Terms.

Applicable Law

You agree that the laws of the State of Florida (excluding any choice of law rules) govern your rights and obligations relating to TAF and your use of the Site. You agree to comply with all applicable laws governing your use of the Site and Services.

Entire Agreement

These Terms, and any policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and TAF related to the Site and Services. All prior agreements, representations, statements, negotiations and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except in writing, and as set forth herein. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to TAF shall govern.

Survival of Obligations

The terms that by their nature are intended to survive beyond the termination, cancellation or expiration of these Terms shall survive.

Effective Date: December 1, 2016

Updated October 28, 2020