Terms & Conditions of Use

Welcome to the Save the JFK website (the “Website”).  The Website is owned and operated by the JFK CV-67 Memorial Foundation, Inc., a charitable 501(c)(3) corporation (the “Foundation”). Please review the following Terms and Conditions of Use which you hereby acknowledge and agree serve as a license governing your use of the Website and its contents (the “Agreement”). By using the Website, you hereby acknowledge that you have reviewed and accept all of the following Terms and Conditions of Use, as the same may be modified from time to time, at the sole discretion of the Foundation without prior notice to you.

Disclaimer of Warranties

You acknowledge and agree that the information on the Website is provided to you on “as is” basis and is for general informational purposes only.  THE FOUNDATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR OTHER PROMISE OF ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, THE FOUNDATION MAKES NO WARRANTY OR OTHER PROMISE OF ANY NATURE WHATSOEVER THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL ELEMENT AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY THE FOUNDATION.  THE FOUNDATION HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY AND ALL CONTENTS POSTED ON THE WEBSITE BY THRID PART USERS.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, RESULTING FROM THE AVAILABILITY OR UNAVAILABILITY OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Disclaimer of Liability

By using the Website, you hereby agree to hold the Foundation, and its officers, directors, agents, representatives, and contributors harmless from and against any and all damages and liabilities (including attorney’s fees) resulting from your use of the Website or its contents, and any other website to which the Website provides links and for any damages and liabilities resulting from any breach by you or any of your agents or representatives of these Terms and Conditions of Use.  You hereby specifically release the Foundation, and its officers, directors, agents, representatives, and contributors, from any and all liabilities and damages relating to or arising out of any action or decision which you have taken or hereafter take as a result of, or in reliance on, any information provided on the Website or any links accessed from the Website. 

Conduct on Message Boards

Several locations on the Website allow users to post messages, testimonials, tributes, and other information and materials concerning their service on the USS John F. Kennedy CV-67, President John F. Kennedy, or the Foundation’s mission.  You hereby acknowledge and agree that use of these message boards is subject to these Terms and Conditions of Use.  First and foremost, you agree to treat others with respect.  Failure to comply with these Terms and Conditions of Use shall result in immediate removal of posted materials and denial of permission to place further posts, at the sole discretion of the Foundation and its designated agents without notice to you.

Without limiting the foregoing,

1. No offensive materials, or links to offensive materials, are permitted.  If you choose to post on the Website, you agree that you shall not post any defamatory, obscene, pornographic, illegal, threatening, vulgar, hostile, profane, sexually explicit, or otherwise offensive material, and that you shall not post any material which invades another’s privacy or discloses any personal information or which otherwise violates the law.  Please notify the Foundation if you believe that any such material has been posted on a message board.
2. You agree not to post any material which constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
3. You agree that you will not post material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
4. You will not post any material which includes a virus, “trojan horse,” time bomb, worm, cancelbot, or otherwise harmful, or any other deleterious or potentially harmful programming material.
5. If you choose to post photographs, video footage, written material, quotations, or links to photographs, video footage, written material, or quotations, by so doing you certify that you have ascertained that you have the legal right to do so, and that you have the copyright to such material, a license which permits you to post the material, or that the material is in the public domain.
6. You agree that you shall not post any commercial solicitation, political campaign materials, or other mass mailing materials.
7. You warrant and represent that, to the best of your knowledge, any content or material posted is free of computer viruses or other computer safety risks.
8. You shall not impersonate anyone else in the context of any posting of content or material.
9. Many websites exist on the Internet which contain discussions of conspiracy theories.  The Foundation eserves the right to remove any posts regarding such matters.
10. By posting any content or material, you acknowledge and agree that you are granting to the Foundation a non-exclusive, royalty-free, perpetual and irrevocable license to use, reproduce, modify, translate, use in derivative works, distribute, relicense and display any and all such content or material, throughout the world, and in any media, whether presently known or unknown.
11. Without limiting any other provision in these terms and Conditions of Use, you agree to indemnify and hold harmless the Foundation, and its officers, directors, agents, representatives, and contributors from and against any and all damages and liabilities (including attorney’s fess) resulting from or in connection with material or content posted by you on the Website.

Links  
Both the Foundation and persons posting to the Website may provide links from our Website to other sites as a convenience to our visitors.  The Foundation has no control over linked sites, and provides no assurances about the accuracy of any content or material available at these locations.  Unless specifically indicated, links do not imply sponsorship, affiliation, or endorsement.  If you believe that any links on the site direct access to offensive or other inappropriate material, please contact us at admin@savethejfk.com.

Copyright
Unless otherwise provided, the text, designs, photographs and other materials contained on the Website are copyrighted by the Foundation.  You may not copy, reproduce, transmit, display, perform, distribute, rent, sublicense, alter, store for subsequent use, or otherwise use, these materials, in whole or in part, in any manner without our prior written consent of the Foundation, except that you may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and you may make one permanent printout of each page of the Website (unmodified in form, with a copy of this Site Notice attached) to be used by you for personal and non-commercial uses that do not harm the reputation of the Foundation.

Violation of Intellectual Property Rights
The Foundation takes seriously allegations that any content or links on the Website may infringe third parties’ intellectual property rights.  The Foundation will take prompt action to review any claims of infringement and remove such material from the Website.  If you believe that any content or links on the Website infringe your intellectual property, please provide immediate notice by facsimile or regular mail complying with the Digital Millennium Copyright Act including the following:

1. A description of the copyrighted work that you believe has been infringed upon, and the basis for your claim to the copyright of this material.
2. Detailed information regarding the location where the material is located on the Website, including the identification of the specific posts, as opposed to an entire site, and include the permalink to the page.  Within the specific page, identify which material you claim is infringing.
3. Specific information concerning where we can contact you including your name, address, e-mail address and telephone number.
4. The following statement:  "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
5. The following statement:  "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Please sign the statement and send it to the Foundation’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

JFK CV-67 Memorial Foundation
3418 N Ocean Boulevard
Fort Lauderdale, FL  33308

(954) 563-0525

(954) 563-0595 Fax

Please be aware that you may be held responsible for costs and attorney’s fees incurred by the Foundation if you submit a notification regarding materials to which you do not own the copyright or which otherwise does not constitute infringement.

Privacy

The Foundation respects your right to privacy.  Please see our Privacy Policy for further information.  By using the Website, you and the Foundation agree to abide by the Privacy Policy, the terms of which are hereby incorporated into these Terms and Conditions of Use by this reference.

Governing Law, Jurisdiction and Arbitration
By using this website, you and the Foundation agree that these Terms and Conditions of Use, all matters covered hereunder, and any and all disputes which might arise based on your use of the website are subject to the laws of the State of Florida, without regard to conflicts of law policies which might be applicable in your jurisdiction.  You agree to submit any claims arising under the Terms and Conditions of Use to binding arbitration in Miami-Dade or Broward County, Florida; provided, however, that any injunctive, declaratory or other emergency proceedings may be commenced in an appropriate court of law.

Entire Agreement
These Terms and Conditions of Use, and the Privacy Policy contained on the Website, constitute the entire agreement between the Foundation and you with respect to the contents and use of the Website.  If any court of law holds that a particular provision in these Terms and Conditions of Use is invalid or unenforceable, that provision shall be deemed severable and such determination shall not affect the balance of the Terms and Conditions of Use.  If any provision in these Terms and Conditions of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall not affect the enforceability of any of the other provisions of these Terms and Conditions of Use.

If you have any questions about these Terms and Conditions, please contact the Foundation.

Last Updated:  November, 2007