Welcome to https://ViolaFordFletcherFoundation.org (the “website“). The website is owned and operated by the Viola Ford Fletcher Foundation. (“the company“, “us” or “we“).
2. Privacy and your account
4. Restrictions on use; limited license
All content contained on the website (collectively, “content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the content on the website is our exclusive property, protected by united states and international copyright laws, treaties and conventions. All software used on the website is our property or the property of our software suppliers and protected by united states and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “mark“) contained on the website are proprietary to us or our licensors or licensees. Our marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other marks not owned by us that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the website. No content of the website or any other internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the content; (c) do not use any content in a manner that suggests an association with any of our products, services or brands; and (d) do not download content so as to avoid future downloads from the website. Your use of content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the website or any content; collect and use any product listings, descriptions, or prices; make any derivative use of the website or content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any mark, content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
5. Use and protection of password and id.
Viola Ford Fletcher Foundation may assign a password and account id to you so you can access and use certain areas of the website. Each user who uses such assigned password and id shall be deemed to be authorized by you to access and use the website, and The Viola Ford Fletcher Foundation shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that as between you and The Viola Ford Fletcher Foundation , you will be solely responsible for all access to and use of the website by anyone using the password and id assigned to you whether or not such access to and use of the website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and id assigned to you. You shall immediately notify The Viola Ford Fletcher Foundation of any unauthorized use of the assigned password or id, or any other breach or threatened breach of the website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or id.
6. System requirements.
Use of the certain areas of the website requires internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in mp3 or other digital format (the “software“), and, for certain downloadable content, a compatible player device (the “device“). The Viola Ford Fletcher Foundation may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the software, or use of a device may result in fees in addition to any fees incurred on the website. Software and devices may require you to obtain updates or upgrades from time to time. Your ability to use the website may be affected by the performance of the software, the device, or your internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your software and device, as in effect from time to time, and to maintain, update, and upgrade your software and devices, including the payment of all internet access, software, and device fees without recourse to The Viola Ford Fletcher Foundation .
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the user-generated content license described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “user-generated content.” If you post or send any user-generated content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with user-generated content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform user-generated content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “user-generated content license“). You agree to the user-generated content license whether or not your user-generated content is used by us.
You agree that user-generated content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any user-generated content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the website, or post or submit user-generated content, you agree that the user-generated content license is ratified and confirmed with respect to such user-generated content and all user-generated content previously posted or submitted by you.
8. Content linked to the website
9. Disclaimer of warranties
The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third-party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the website or third-party information, content or materials contained on our website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
The website and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.
Because any weight loss or health modification plan can result in serious injury, The Viola Ford Fletcher Foundation urges you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this website and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
11. Limitation of liability
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorney’s fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the website.
12. Copyright complaints
We respect the intellectual property rights of others. If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please follow our notice and procedure for making claims of copyright infringement.
15. Applicable law and disputes
Any dispute relating in any way to your visit to the website or to products you purchase through the website shall be submitted to confidential binding arbitration in Maricopa County, Arizona, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Maricopa County, Arizona, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
16. Electronic communications
When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Miscellaneous legal provisions
We may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or features of the website at any time for any reason, without notice.
Updated January, 10, 2021
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
· 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 website
· Your address, telephone number, and e-mail 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, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
The The Viola Ford Fletcher Foundation ’s copyright agent for notice of claims of copyright infringement on the website can be reached as follows:
Viola Ford Fletcher Foundation
Artwork Give-a-ways and Book Promotions
No purchase necessary to enter or to win. Must be 18 or older and a legal U.S. resident to participate. To enter, repost one of The Viola Ford Fletcher Foundation ’s quotes or images on a public Instagram account, tag the Instagram, Twitter or Facebook account, and use the hashtag #The Viola Ford Fletcher Foundation 202x between said dates. Entries for the prizes must be submitted by 11:59:59 pm TX time. Void where prohibited by law. For complete and official rules, see respective posts at The ViolaFordFletcherFoundation.org.
No purchase is necessary to enter or win.
1. Eligibility: this promotional offer is open only to those who participate in the #The Viola Ford Fletcher Foundation 202x promotion and who are 18 years old as of the date of entry. The promotion is only open to legal residents of the united states and is void where prohibited by law. Employees and contractors of VFFF (“The Viola Ford Fletcher Foundation ”) its affiliates, vendors, agents, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “employees”), and immediate family members and/or those living in the same household of employees are not eligible to participate in the promotion. The promotions are subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law.
2. Agreement to rules: by participating, the entrant (“you” or “your”) agree to be fully unconditionally bound by these rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of The Viola Ford Fletcher Foundation as final and binding as it relates to the content of this promotion.
Sweepstakes period: entries will be accepted online starting on at said promotional dates. All online entries must be received by said dates by 11:59 pm TX time.
3. How to enter: the promotion must be entered by reposting one of the The Viola Ford Fletcher Foundation 2xxx quotes and/or images Instagram, Twitter, Facebook or other social media providers, tag the @The Viola Ford Fletcher Foundation 2xxx Twitter account, and use the hashtag #The Viola Ford Fletcher Foundation 202x. The entry must fulfill all promotional requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of The Viola Ford Fletcher Foundation . The Viola Ford Fletcher Foundation shall have the right to disqualify any entries that they deem to be obscene or otherwise not in good taste, as determined by The Viola Ford Fletcher Foundation in its sole discretion. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of The Viola Ford Fletcher Foundation . The Viola Ford Fletcher Foundation is not responsible for any late, lost, undelivered, undeliverable, computer failures, problems or errors, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, applications, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into the promotion.
4. Prizes: based upon promotions. Limitation of liability: by entering, you agree to release and hold harmless The Viola Ford Fletcher Foundation and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the promotion or the processing of entries.
5. Disputes: this promotion is governed by the laws of united states and Arizona, without respect to conflict of law doctrines. As a condition of participating in this promotion, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Arizona, having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. Costs associated with entering this promotion). Participant further waives all rights to have damages multiplied or increased.
6. Winners list: to obtain a copy of the winners’ names or a copy of these official rules, contact us via mail.
7. All promotions hosted by The Viola Ford Fletcher Foundation are in no way sponsored, endorsed, administered by, or associated with social media providers.