Welcome to fadica.org (the “Site”). The Site is comprised of various web pages operated by Foundations and Donors Interested in Catholic Activities, a District of Columbia non-profit corporation (“FADICA”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement with FADICA to all such Terms (the “User”).
USER AGREES THAT BY ACCESSING THE SITE, USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Site is a tool used by FADICA that does the following:
- Promotes the growth and effectiveness of Catholic philanthropy inspired by the joy of the Gospel and the Catholic social tradition.
- Accept donations, sponsorships, and other contributions and payments from donors, sponsors, and customers (collectively, the “Services”).
Privacy
Your use of the Site is subject to FADICA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Our Privacy Policy is located at https://www.fadica.org/privacy-policy/.
Electronic Communications
Visiting the Site or sending emails to FADICA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and any password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account [or password]. You agree immediately to notify the Site in writing of any unauthorized use of your password or account or other breach of security. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FADICA is not responsible for third party access to your account that results from theft or misappropriation of your account. FADICA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Content
The Site may contain third party content (“Third Party Content”) or links to other websites (“Linked Sites”). The Third Party Content and Linked Sites are not under the control of FADICA and FADICA is not responsible for the Third Party Content and contents of any Linked Site, including without limitation any errors or omissions in Linked Sites link contained in a Linked Site, any content that may infringe or violate any third party’s rights in a Linked Site, or any changes or updates to a Linked Site. FADICA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FADICA of the site or any association with its operators. Any opinions or advice offered by Third Party Content or Linked Sites are solely those of the applicable authors and you acknowledge and agree that you must assess the accuracy and completeness of such content yourself. Your correspondence, purchases, or any other dealings with sponsors, advertisers or other third parties found on the Site are solely between you and such third party. You agree that FADICA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site. You hereby release FADICA from any liability arising from your use of that Third Party Content or Linked Sites.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that FADICA may share such information and data with any third party with whom FADICA has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
Conditions of Use/No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to FADICA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Without limiting the foregoing, you are responsible for all content (“User Content”) including without limitation code, videos, images, data, text, software, music, photographs, graphics, messages and other materials that you upload, post, publish or transmit (including by email) or otherwise display (collectively, “Upload”) to the Site. You represent and warrant that you own, or otherwise have the right to use and to display on the Site, all User Content that you upload to the Site. You agree that FADICA may require that you edit that User Content for posting on the Site, and that not all submissions will be posted. By posting User Content, you hereby grant to FADICA a non-exclusive, global, perpetual, royalty-free right and license to use that content and to sublicense it to others in any form, including without limitation for marketing purposes. You agree that such User Content is not confidential and that FADICA may disclose it to any third party at any time. You agree not to Upload any User Content that: (i) infringes or otherwise violates any trademarks, trade names, trade secrets, patents, copyrights or other proprietary rights of any third party; (ii) contains software viruses or other computer code or files or programs that has the potential to interrupt, destroy or restrict the function of computer hardware or software, or otherwise contains scrapers, crawlers, or other malicious material or code; (iii) creates a privacy or security risk to any individual; (iv) constitutes unsolicited advertising, junk mail or spam, sweepstakes, contests or any other types of solicitations; (v) is harassing, defamatory, obscene, libelous, defamatory, constitutes hate speech, is pornographic, or invades any individual’s privacy; (vi) falsely impersonates any individual; (vii) violates any federal, local state, or international law or is otherwise illegal; or (viii) that FADICA in its sole discretion otherwise finds objectionable.
Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FADICA or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not copy, modify, publish, transmit, reverse engineer, otherwise attempt to discern any source code, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site other than your own User Content. You may not use robots, scraping tools or other data extraction methods to access the Site. FADICA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal and non-commercial use, and will make no other use of the content without the express written permission of FADICA and the copyright owner or owner of any other proprietary rights in that content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FADICA or our licensors except as expressly authorized by these Terms.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. FADICA reserves the right to remove any material on the Site which allegedly infringes another person’s copyright. Notices to FADICA regarding any alleged copyright infringement on the Site should be directed to: [INSERT] Such notices should contain:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and email address;
(5) 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; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
International Users
The Site is controlled, operated and administered by FADICA from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FADICA Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Without limiting the foregoing, the transmission of any data is subject to U.S. export controls. You may not download any software or otherwise export such software in violation of U.S. export laws.
Indemnification
To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless FADICA, its officers, directors, employees, agents, affiliates, vendors, and other third parties, for any losses, damages, costs, liabilities, claims, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings of any content made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FADICA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FADICA in asserting any available defenses. If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in any other jurisdiction, you waive any similar statute or doctrine that may be applicable.
Arbitration
To the fullest extent permitted under applicable law, in the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms. Notwithstanding the foregoing, in the case that either party seeks preliminary injunctive relief, that party may proceed in court without first resorting to arbitration to avoid immediate irreparable harm.
Class Action Waiver
To the fullest extent permitted under applicable law, any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FADICA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FADICA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FADICA AND/OR ITS MEMBERS OR VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE OR ABOUT ANY VIRUSES, BUGS OR OTHER ELEMENTS THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT UPON USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FADICA HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FADICA MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR SECURE OR ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FADICA BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FADICA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR ACCOUNT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Modification/Termination/Access Restriction
FADICA reserves the right, in its sole discretion, to modify the Site with or without notice. Your continued use of our Site after the date of such changes become effective constitutes your acceptance of the new Terms. The most current version of the Terms will supersede all previous versions. FADICA encourages you to periodically review the Terms to stay informed of our updates.
FADICA further reserves the right, in its sole discretion, to suspend or terminate your access to the Site and the related Services or any portion thereof at any time, without notice, or even to report the offender to law enforcement. To the maximum extent permitted by law, this agreement and all pages to which this Site links are governed by the laws of the District of Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FADICA as a result of this agreement or use of this Site. FADICA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FADICA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FADICA with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Contact Us
If any User has questions, comments or concerns about these Terms, please contact us at: info@fadica.org.
