Welcome to Alexis Miranda Foundation and our website at www.alexismirandafoundation.org (our “website”). These Terms and Conditions (these “Terms”) constitute a legal agreement between you and Alexis Miranda Foundation governing the use of our website and services.

1. ABOUT US
1.1. We are Alexis Miranda Foundation, PO Box 1328, Andover, MA 01810-0023, USA (“Alexis Miranda Foundation”, “we”, “us”, “our”).
1.2. To contact us, use alexismirandafoundation@gmail.com, our Contact Form, or call +1 401-440-7734.
1.3. These Terms were last updated on Tuesday, October 29th, 2024.
1.4. The following also apply to these Terms and form an integral part of these Terms:
1.4.1. our Privacy Policy; and
1.4.2. our Cookie Policy.

2. GENERAL
2.1. By using our website, you are deemed to accept the following Terms (“our website” means the whole or any part of the web pages located at www.alexismirandafoundation.org, and include the layout of our website; individual elements of our website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements, or any other content of our website) operated by Alexis Miranda Foundation.
2.2. As you browse through our website, you may access other websites that are subject to different terms and conditions. When using these other sites, you will be bound by the terms and conditions posted on those websites.
2.3. Alexis Miranda Foundation may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of our website after any amendment constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Accordingly, you should read these Terms from time to time for changes.

3. INTELLECTUAL PROPERTY RIGHTS
3.1. Our website is our copyright property. All rights are reserved.
3.2. You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
3.2.1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our website; or
3.2.2. commercialize any information, products or services obtained from any part of our website;
3.2.3. without our written permission.
3.3. All rights in our website and the content on our website, including copyright, design rights, source codes, and any other intellectual property rights in any of the foregoing, are reserved to Alexis Miranda Foundation and/or their content and technology providers.
3.4. All trade names, service marks, and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.
3.5. Nothing contained on the website should be construed as granting any license or right of use of any other person’s or entity’s intellectual property that is displayed on our website without their express permission.
3.6. You may not remove, change, or obscure the Alexis Miranda Foundation logo or any notices of proprietary rights on any content of our website.

4. PROHIBITED USES
4.1. You may use our website only for lawful purposes. You may not use our website:
4.1.1. in any way that breaches any applicable local or international laws or regulations;
4.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
4.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2. You also agree:
4.2.1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
4.2.2. not to access without authority, interfere with, damage, or disrupt:
4.2.2.1. any part of our website;
4.2.2.2. any equipment or network on which our website is stored;
4.2.2.3. any software used in the provision of our website; or
4.2.2.4. any equipment, network, or software owned or used by any third party.

5. DONATION SPECIFIC TERMS
5.1. By making a donation to Alexis Miranda Foundation, you as a user (hereinafter referred to as donor) agree to the following additional terms and conditions.
5.2. Validity. These Terms apply to all donations within the scope of Alexis Miranda Foundation’ activity and irrespective of the classification under contract law. They also apply to all future donations without the need for explicit acceptance. These Terms shall be deemed accepted at the latest with your first donation. These Terms as well as all further amendments are available online on the Alexis Miranda Foundation website and apply exclusively. Alexis Miranda Foundation reserves the right to amend these Terms in any form at any time, without further notice and at its own discretion. Notification of changes at this point is recognised by the donor as sufficient notice.
5.3. Scope. The donor turns his/her donation over to Alexis Miranda Foundation, which first adds it to its assets and then allocates it to the development of its cause. The purpose of the donation is fulfilled by Alexis Miranda Foundation by using the funds received within the framework of Alexis Miranda Foundation’s own purposes. There is no legal claim on the part of the donor, or the favored part of the Alexis Miranda Foundation cause. The donor agrees to the transmission of the data required for the transfer of the donation to the implementing banks or to the transmission of the data required for the implementation of the donation.
5.4. Donors Responsibilities. By donating to Alexis Miranda Foundation you agree to provide true, accurate, and up-to-date information about yourself as specified in the donation form. If it becomes known that any of the information you provide is untrue, inaccurate, outdated, or incomplete, the Alexis Miranda Foundation reserves the right not to accept you as a donor in the future and to take other legal action if necessary. Donors undertake to comply with all applicable legal provisions when donating in order to prevent unlawful use. Furthermore, donors undertake to assume sole responsibility for compliance with such legal provisions.

6. LIMITATION OF LIABILITY
6.1. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website and any related content. You expressly agree that your use of our services and our website is at your sole risk.
6.2. You agree not to use our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website, or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill, or reputation; or any other indirect or consequential loss or damage.
6.3. Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
6.4. These terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

7. BINDING ARBITRATION
7.1. If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
7.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in Essex County, Massachusetts and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org.
7.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
7.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
7.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

8. CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

9. WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

10. OTHER IMPORTANT TERMS
10.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
10.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
10.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
10.5. Each Party acknowledges that, in entering into these Terms, it does not rely on any representation, warranty, or other provision except as expressly provided in these Terms, and all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.8. These Terms shall be governed by and construed in accordance with the laws of the state of Massachusetts, without regard to its choice of law provisions.