Dr. Phillips Charities Privacy & Cookies Notice
We are committed to the lawful, fair, and transparent collection and use of personal data. This notice is intended to help you understand how Dr. Phillips Charities (including our affiliates) collects and uses your personal data, as well as how we share, store, and protect that data. If at any time you have questions about this notice, please let us know.
We may update this notice and any supplemental privacy notices to reflect changes in our practices and applicable law. We will post a notice of any material updates on our sites.
When this notice applies
Our sites. This notice applies to personal data we collect, including through our websites, mobile apps, online portals, electronic forms, surveys, and interactive exhibits (collectively, “our sites”).
Supplemental privacy notices. This notice may be supplemented by a supplemental privacy notice applicable to a particular interaction with us, which may be either embedded in this notice or made available to you separately. We will tell you when a supplemental privacy notice applies.
Links to third-party sites. This notice does not apply to any third-party sites that may link to, or be accessible from, our sites. Your interactions with these sites are governed by the third parties’ applicable privacy notices, statements, or policies. We encourage you to read them.
What data we collect about you
Data you provide about yourself. We collect your personal data when you voluntarily provide it to us. For example, you may give us: your email address, country of residence, and areas of interest if you choose to receive newsletters, updates, or other information from us; your contact information, and any other personal data you choose to include, if you email, text, or instant message us, or contact us through our sites; and any personal data contained in, or included with, any proposal documents, feedback, comments, photos, videos, or other information you submit via online portals, forms, surveys, or interactive portions of our sites.
It is always your choice whether to provide this personal data. However, some personal data must be provided to participate in certain programs, activities, or events (such as to sign up for a newsletter or register to participate in one of our events), so the decision not to provide information might limit or eliminate certain functions of our sites or your ability to participate. Please do not disclose more personal data than is requested.
Personal data you provide about others. Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you have provided them with a copy of this notice and any applicable supplemental privacy notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.
Data we receive from third parties and other sources. We may receive personal data about you from other sources, including your company/organization, publicly available sources, third-party analytics providers, and other third parties. For example, we may receive your personal data if: someone at your company/organization designates you as a contact person for that company/organization or includes information about you in proposal documents; another visitor includes it in any feedback, comments, photos, videos, or other information submitted via online portals, electronic forms, surveys, or interactive portions of our sites; or one of our employees or service providers provides or a third party acting on apparent authority provides it to us when registering you to access our sites, or participate in one of our events.
Interest-based advertising. We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect information about your visits to the sites and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on non-affiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to the sites and elsewhere over time. Other companies may also use such technology to advertise on our sites.
You have the choice to tell us not to collect and use this information, and in some jurisdictions, we will only engage in interest-based advertising if you opt-in. If you would like more information about this practice and to know your choices concerning interest-based ads, visit:
In Canada, please visit: http://youradchoices.ca/choices/
In the EU, please visit: http://www.youronlinechoices.eu/
Special categories of data. We will not intentionally collect any “special categories of data” under the EU General Data Protection Regulation (GDPR) without your explicit consent for one or more specified purposes or as otherwise permitted or required by applicable law. Special categories of data include personal data (a) revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or (b) concerning health or data concerning a natural person’s sex life or sexual orientation.
Minors. Our sites are not intended for minors (individuals under the age of 13, or equivalent minimum age depending on jurisdiction), and we do not knowingly collect personal data from minors. If you become aware of any personal data we have collected from a minor, please contact us. If we learn that we have collected personal data from a minor, we will take steps to delete the data without notice as soon as possible.
How we use your data
Purposes. We may use your personal data to: send you information you have expressly chosen to receive [with your consent]; review and respond to proposal documents, feedback, comments, photos, videos, or other information you submit via online portals, electronic forms, surveys, or interactive portions of our sites [for our legitimate interests and/or to perform a contract with you]; administer and inform our program strategies and charitable activities [for our legitimate interests]; administer, safeguard, and improve our sites, systems, events, and other business operations [for our legitimate interests]; protect our rights and the safety of others [for our legitimate interests]; contribute to our archive of information in the public interest [for our legitimate interests]; and/or comply with applicable law, court order, subpoena, or legal process served on us [to comply with legal obligations].
Additional purposes. Additional purposes for using your personal data may be described in a supplemental privacy notice.
Legal bases under the GDPR. If you are in the European Union, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. The legal bases depend on your interaction with us and our sites. This means we collect and use your personal data only where: you have given your consent for one or more specific purposes; it is necessary to perform a contract we are about to enter into or have entered into with you; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation. We will indicate in brackets the legal basis or bases on which we are relying following each purpose. Where we are relying on consent as the legal basis, we will notify you and seek additional consent before using your personal data for a new purpose that is inconsistent with the original purpose for which we collected it.
When we share your data
Employees, agents, affiliates, service providers, and partners. We may share your personal data with our employees, agents, and affiliates who have a business need to know, our services providers (including contingent workers, consultants, contractors, vendors, and out-sourced service providers) to process it for us based on our instructions and for no other purpose, and with partners that are collaborating with us to fund projects or host events. We do not share your personal data with any third party (including our service providers) for marketing purposes. If you believe personal data you provided to us is being misused by a third party, please contact usright away.
Other visitors to our sites. If you submit feedback, comments, photos, videos, or other information to interactive portions of our sites, such submission may be made publicly available to anyone who visits those areas of our site. Other visitors may access, re-post, or use such submission. Even if you remove or delete your submission, copies may remain in cached or archived areas of our sites or retained by other visitors. Please use your discretion when submitting personal data in these contexts.
Law enforcement. We may share your personal data with law enforcement, other government agencies or authorities, or third parties as required by applicable law, court order, subpoena, or legal process served on us.
How we store and protect your data.
Storage and transfers. Your personal data may be stored in your region or in any other country where we or our service providers have facilities. We may also allow employees and service providers located around the world to access personal data as provided in this notice. If you are in the European Union, we will ensure your legal rights and protections travel with any such “transfer” of your personal data outside the European Economic Area, Switzerland, or Canada. We do this by signing “standard contractual clauses” approved by the European Commission that give personal data the same protection it has in the European Union, and/or requiring that our service providers be certified under the EU-US Privacy Shield Framework or Swiss-US Privacy Shield Framework, as applicable.
Storage period. We will store your personal data until it is no longer needed to fulfill the purpose(s) for which it was collected or as otherwise required or permitted by law. After such time, we will either delete or anonymize your personal data or, if this is not possible, we will securely store your personal data and isolate it from any further use until deletion is possible. We may dispose of any data in our discretion without notice, subject to applicable law.
Protection. As the transmission of data via the internet is not completely secure, we cannot guarantee the security of your information transmitted to our sites and any such transmission is at your own risk. However, we maintain appropriate technical and organizational measures, including performing regular self-assessments, to prevent unauthorized disclosure of, or access to, personal data. We limit access to personal data and require that employees authorized to access personal data maintain the confidentiality of that data. We hold our service providers to at least the same data privacy and security standards to which we hold ourselves.
How you can access and control your data.
Access and control. Generally, newsletters, auto-generated emails, and updates from us will include links to access, correct, or delete your personal data and to manage any subscriptions directly. If you wish to obtain confirmation that we hold personal data about you, access, correct, or delete your personal data, withdraw any consent you previously provided to us, or object to or restrict our processing of it in any other context, please contact us. We will respond to all legitimate requests within 30 days.
If you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by following the instructions contained in the messages you receive. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide, and we may send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. For more information about interest-based advertising, including how you can manage advertising, please see above “Interest-based advertising.”
Other rights. To the extent provided by applicable laws (including the GDPR), you also may have the right to have the data or content deactivated, blocked, anonymized, or deleted, as appropriate, request and receive a copy of the personal data you have provided us and to transmit this data to a third party, and lodge a complaint with the applicable data protection authority. To exercise any of these rights that you are not able to do directly, please contact us by email or by mail at:Dr. Phillips Charities
Attn: Privacy Notice Inquiry
7400 Dr. Phillips Boulevard
Orlando, Florida 32819
Phillips Charities Cookies & Similar Technologies
Cookies and similar technologies we use.
We may also use web beacons on our sites, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your visit to our sites, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to our sites. Web beacons help us analyze our site visitors' behavior and measure the effectiveness of our sites and our advertising. We may work with service providers that help us track, collect, and analyze this information.
Click-through URLs. If you “opt in” to receive newsletters, updates, or other information from us, our emails may use a “click-through URL” linked to content on our sites. When you click one of these URLs, they pass through a separate web server before arriving at the destination page on our sites. We use this click-through data to help us understand how recipients respond to, or interact with, our emails.
Third-party cookies and similar technologies.
Social media and video sites. If you choose to share our digital content with friends through social networks, such as Facebook and Twitter, or to watch a video posted to a third-party media site (such as YouTube), you may be sent cookies from these third-party websites. We do not control the setting of these cookies, so please check the third-party websites for more information about their cookies and how to manage them.
Managing cookies and similar technologies
Managing Cookies. You do not need to have cookies enabled to browse our sites unless you want us to remember you and your preferences when you return. If you prefer not to allow cookies, most cookies can be managed or blocked through your browser. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our sites, or that we may put on our sites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness. More information about managing cookies is available at the following links:
Click-through URLs. If you prefer not to be tracked in this way, please do not click text or graphic links in emails you receive from us.
Third-party analytics services. You can opt out of data collection or use by Google and other third-party analytics services we may use on some of our sites at the following links:
Do-not-track requests. There is no standard for how online service should respond to “Do Not Track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services. Therefore, we do not honor “Do Not Track” signals. As standards develop, we will revisit this issue and update this notice if our practices change. More information about Do Not Track is available at allaboutdnt.org.
You understand that your use of the site, registration on the site or use of this or any other Dr. Phillips Charities website, online portal, electronic forms, surveys, and interactive exhibits managed by Dr. Phillips Charities (collectively the “Site”), constitutes your agreement to these Terms, including but not limited to Dr. Phillips Charities’ Privacy & Cookies Notice (the "Privacy Notice") as amended from time to time.
Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honor them. Most users of this Site are employees or other agents of entities, so references to "you" means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the "user" individually unless otherwise stated on the Site or in these Terms. Persons under 18 years of age are not authorized to use the Site.
Restrictions on Use of Content
The Site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, that you upload, post, or otherwise provide in connection with the Site ("Content"). Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms ("Available Content"). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Site is controlled by us from our offices within the United States of America (“U.S.A.”) If you choose to access this Site from locations outside the U.S.A. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations, or the Terms.
Registration and Creating Profiles etc.; Attribution of Electronics Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a grant). Completion of the process will usually create an account with a username and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or Dr. Phillips Charities has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, Dr. Phillips Charities may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively "Third Parties"), as being a use made by you, even if someone else used your identifier.
User Generated Content and Site Activities
User Generated Content-- Your Responsibility and License to Others. Sometimes you may wish to provide Content, such as by uploading a video or information, or submitting comments. When you provide Content, you:
represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to Dr. Phillips Charities and other users for download, distribution and use under these Terms without: (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, "adverse consequence," means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
grant Dr. Phillips Charities, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to: (a) use, copy, distribute, modify and create derivative works from the Content; (b) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (c) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determined by Dr. Phillips Charities or other licensed person in its sole discretion) to allow Dr. Phillips Charities or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Site.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of Dr. Phillips Charities, its users, and the public.
You agree not to upload, post, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to: (a) be defamatory, obscene, invasive to another person's privacy or protected data, or tortious; (b) be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (c) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (d) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to Dr. Phillips Charities above).
Dr. Phillips Charities anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Dr. Phillips Charities help with a report you are obligated to make) will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of Dr. Phillips Charities.
Site Activities. The Site is provided as is and when available, and we may change all Content, functionality, and services in our discretion at any time. We may also do this for any activities even if you have started to participate. For example, we can change a grant description at any time even if you have already applied, and not all grants may be posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a grant description even if you have already acted based upon it.
No Commissions.We do not want to deal with persons desiring to be paid for something unless we intentionally enter an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange a grant or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you apply for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount even if we accept the application or make the grant etc. We may also use, delete, or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else. If you do not want that result, then do not submit any information without entering into a written contract with us first.
Please refer to our Privacy & Cookies Notice, which describes our practices and policies related to the collection, use, and storage of personal data. Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you have provided them with a copy of this notice and any supplemental privacy notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.
Infringement of Our Rights or the Rights of Others; Your Warranty
Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. See the "Additional or Required Notices" section of these Terms for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent—see the Additional or Required Notices section of these Terms. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for any infringement.
You agree to indemnify, defend and hold harmless Dr. Phillips Charities and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
NO WARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, DR. PHILLIPS CHARITIES OR THIRD PARTIES (collectively, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER DR. PHILLIPS CHARITIES NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY DR. PHILLIPS CHARITIES OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 9 AND 10 AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Links to Other Sites
Your Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services, and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy notices, statements, or policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Notice ("Amendments"). Amended versions of these Terms will take effect on the date specified for the amended version ("Effective Date") and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site – it is like a store and each time you visit you will be subject to the version of the Terms in effect on your visit. Like terms on the door to a store, those terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
Governing Law and Exclusive Jurisdiction
These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, "Mandate") to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Orange County, Florida, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
Legal and Other Notices or Disclosures.
Notice to You. You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a grant application. You agree to check for notices posted on the Site.
Notice to Us (Our Legal Notices Address).We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following ("Our Legal Notice Address"):
Kenneth D. Robinson, Registered Agent
7400 Dr. Phillips Boulevard
Orlando, Florida 32819
You have no continuing right to use the Site and we may deny or suspend access or terminate or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as a draft of a grant application. You must make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see "Entire Agreement; Miscellaneous") and you will still be liable for obligations incurred before the agreement or access ended.
Entire Agreement; Miscellaneous
These Terms, including the Privacy Notice, Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and Dr. Phillips Charities regarding the Complete Site or the subject matter of the foregoing (collectively, "Entire Agreement"). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third-party beneficiaries of it. The terms of Sections 3 and 4, Sections 6 through 9, and Sections 13 through 15, and our rights under the Privacy Notice will survive termination or cancellation of this Entire Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
We and any Third-Party may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating, and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. We and each of the Third Parties also reserves the right to deal non-electronically and to require you to do so.
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms.
Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003). Dr. Phillips Charities will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Dr. Phillips Charities personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our Site and cautions against infringement). The trademarks used in the Site are owned by (1) Dr. Phillips, Inc., or The Dr. P. Phillips Foundation, or (2) their respective trademark owners and are either trademarks or registered trademarks of Dr. Phillips Charities. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.
Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents and cautions against infringement). Copyright 2020 Dr. Phillips, Inc., The Dr. P. Phillips Foundation, and/or its affiliates and suppliers. All rights reserved.
All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by Dr. Phillips Charities or any of its units or affiliated entities (collectively, "Group"), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by Dr. Phillips Charities or others in the Group or their licensors (which may include you). Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of Dr. Phillips Charities or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with Dr. Phillips Charities or others in the Group.
Notice of Copyright Agent (this provides contact and other information regarding the Site's copyright agent who may be notified of claimed infringement). Dr. Phillips Charities respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Dr. Phillips Charities to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent in the following manner to:Dr. Phillips Charities
Kenneth D. Robinson, Registered Agent
7400 Dr. Phillips Boulevard
Orlando, Florida 32819
Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act). We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found in the Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.