Terms of Use for this Website

BACKGROUND
Franciscan Sisters of Allegany, New York ("FSA" "we," "us," "our") publishes a Web Site located at "AlleganyFranciscans.org" that is dedicated to providing information on FSA and our ministries. This agreement (the "Terms of Use") explains the contractual relationship between you ("you," "your"), the person using this web site (the "Web Site"), and FSA regarding your use of the Web Site. Your continued use of the Web Site is your automatic agreement to the provisions in the Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Web Site. We recommend that you review these Terms of Use. You should also print a copy for your records.

UPDATES TO TERMS OF USE
We may amend these Terms of Use at any time, without notice, by posting the amended Terms of Use on the Web Site. Your continued use of the Web Site after the posting of the amended Terms of Use constitutes your automatic acceptance of the amended Terms of Use. If you find these terms unacceptable, please discontinue use of this Web Site. You may only amend these Terms of Use with a writing signed by both you and FSA.

PRIVACY POLICY
FSA wishes not to receive confidential or proprietary information from you through this Web Site. Please note that any information or material sent to FSA through this Web Site or any link contained within this Web Site will NOT be deemed confidential or proprietary information and we will be under no obligation to safeguard the confidentiality of such information or material. By sending FSA any information or material, you grant to FSA and its affiliates a perpetual, unrestricted, non-exclusive, irrevocable and royalty-free license to use, reproduce, display, perform, modify, transmit, create and distribute such information or material and to create derivative works therefrom. Furthermore, you also agree that FSA and its affiliates are free to use any ideas, concepts or techniques for any purpose whatsoever. However, we will not release your name or otherwise publicize the fact that you submitted such material or other information unless: (a) we first obtain your written permission to use your name; (b) prior to submission you are notified that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by applicable law or regulation.

MINORS
If you are younger than 18 years of age, you must get your parent's (or legal guardian's) permission to use this Web Site. If you are a parent (or legal guardian) permitting a minor to use this Web Site or the information, materials, services, graphics and software provided through this Web Site (or portions thereof) (collectively, "Materials"), you agree to: (a) supervise the minor's use of this Web Site or the Materials; (b) assume all risks associated with the minor's viewing of content received through use of this Web Site or the Materials and the minor's transmission of materials, content, or information to another person via this Web Site or Materials; and (c) assume any and all liabilities resulting from the minor's use of this Web Site or Materials. Under no circumstances do we wish to collect personally identifiable information from children ages thirteen (13) or under.

NO WARRANTY
FSA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS WEB SITE AND THE MATERIALS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, OR ABOUT THE PERFORMANCE OF ANY MATERIALS DOWNLOADED FROM THIS WEB SITE. THIS WEB SITE AND ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FSA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE AND THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY
In the event that you have a dispute with FSA arising out of or in any way connected with the Web Site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed. You waive the provisions of any law or regulation limiting or prohibiting a general release. IN NO EVENT SHALL FSA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. The limitations of liability provided in these Terms of Use inure to the benefit of FSA, our parents, subsidiaries, and our affiliates, and to all of our respective officers, directors, administrators, trustees, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Web Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.

THIRD PARTY LINKS, CONTENT AND TERMS OF USE
The Web Site may contain links to third-party web sites not under the control or operation of FSA. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site, nor is a link to any site a representation by us of any affiliation, sponsorship or endorsement of us by the site so linked. When you access a non-FSA site, please understand that it is independent from this Web Site, and that FSA has no control over its content. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as offensive/illegal materials, viruses, worms, Trojan horses or other items of a destructive or otherwise offensive/illegal nature. The Web Site may contain information or other functionality provided by various third party providers. Use of any third party news, information or functionality may be conditioned upon Terms and Conditions as provided by such third party providers. Your use of the Web Site constitutes acceptance of these third parties' terms and conditions. We recommend that you review these terms and conditions. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your access to the Web Site.

OWNERSHIP
Unless otherwise indicated, all content included on the Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of FSA. The compilation of all content on this Web Site is the exclusive property of FSA. All of the foregoing, including the content, compilation of the content, and any software used on this Web Site is protected by United States and international copyright laws, and may not be copied without the express written permission of FSA. In no instance may any of the Web Site's content or features be used for any purpose that does not adhere to and/or comply with the mission of FSA, as determined by us in our sole discretion. If you believe that any material on this Web Site infringes on any copyright that you own or control, you may file a notification with us at jackie@jrbpublicrelations.com.

LAWS AND REGULATIONS
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Web Site; and (ii) release of information to and retrieval of information from the Web Site. To the extent that any applicable taxes apply to your use of the Web Site, you are responsible for the payment of such taxes.

TERMINATION OF USE
If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the Web Site. We have the absolute right to terminate your use or the continued operation of the Web Site at our discretion, for any reason, or no reason.

GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked sites) is operated from Boca Raton, Fla. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing the Web Site, you agree that these Terms of Use and your use of the Web Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. FSA makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF MATERIALS, IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

NOTICE
Except as explicitly stated otherwise or required by law, you shall provide any notices to FSA by e-mail to us at jackie@jrbpublicrelations.com.

OTHER GENERAL PROVISIONS
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be modified, if possible, to the maximum extent permitted by law and the remaining provisions enforced. Headings are for reference purposes only. 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 of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.