Terms of Use

These Terms of Use (“Terms”) govern your (“you” or “your”) use of the website located at lvmpdfoundation.org (the “Site”) and all associated sites linked thereto, which are owned and operated by the LVMPD Foundation L.L.C. (the “the LVMPD Foundation”, “us”, “we”, “its” or “our”). BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

The LVMPD Foundation reserves the right, at its sole discretion, to revise these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, the LVMPD Foundation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site as permitted under these Terms.

 

Users

The Site is intended for users who are at least 18 years old. You must be over the age of 18 to register or submit your information to the Site. You also agree to provide true, accurate and complete information when you create a user account or submit an order using the Site.

 

Privacy

Your use of the Site is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the Site. Your continued use of the Site constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to that policy.

 

Communication Preferences

If you register with the Site, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us, such as newsletters, special offers, announcements, and surveys. You may opt out of some these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.

 

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including wholesale registrations, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate or purchase such goods and services. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

The LVMPD Foundation’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

The LVMPD Foundation may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and the LVMPD Foundation makes no commitment to update the materials on the Site with respect to such products and services.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account that is password protected. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the LVMPD Foundation immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the LVMPD Foundation or any other user of or visitor to the Site due to someone else using your account or password as a result of your failing to keep your account information secure and confidential. the LVMPD Foundation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Geographic Restrictions

You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

 

Use of the Site

The Site and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of the LVMPD Foundation in accordance with these Terms and Conditions. You may not use this Site or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with the LVMPD Foundation; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any the LVMPD Foundation product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access the LVMPD Foundation’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the Site or the Content other than for its intended purpose, as determined solely in the LVMPD Foundation’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.

 

User Representations

By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms and any terms incorporated herein by reference;
  4. you are not under the age of 13;
  5. you are not a minor in the jurisdiction in which you reside;
  6. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  7. you will not use the Site for any illegal or unauthorized purpose; and
  8. your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Information and Press Releases

The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.” Without limiting the foregoing, the LVMPD Foundation disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.

 

Content Posted on the Site

The Site may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor content posted on the Site, but are under no obligation to do so. You may be exposed to content on the Site that is inaccurate or deceptive, or that you find offensive or objectionable.

 

We may remove any Content for any or no reason in our sole discretion.

 

Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks, tradenames, trade dress, service marks, and logos contained therein (the “Marks”) are owned by the LVMPD Foundation, its affiliates, suppliers, or licensees or licensors, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, the Site, Content, or Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may not use metatags or any other “hidden text” utilizing “the LVMPD Foundation” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is owned by the LVMPD Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

Currency of Site

The LVMPD Foundation updates the information on this Site regularly. However, the LVMPD Foundation cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. The LVMPD Foundation may revise, supplement or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

 

Linked Third Party Materials

The Site may display, include or make available third-party content, including data, information, applications and other products services and/or materials (“Third Party Materials”). Such Third Party Materials may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third Party Materials and links thereto does not imply that the LVMPD Foundation monitors or endorses these links or Third Party Material. You acknowledge and agree that the LVMPD Foundation is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. the LVMPD Foundation does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

 

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

The LVMPD Foundation shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. The LVMPD Foundation recommends that you install appropriate anti-virus or other protective software.

 

SITE AND MATERIALS PROVIDED “AS IS”

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. INSERT CLIENT NAME DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

 

IN NO EVENT SHALL THE LVMPD FOUNDATION OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold the LVMPD Foundation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms or in connection with your use of the Site.

 

Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act (DMCA)

the LVMPD Foundation respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the LVMPD Foundation with a written communication including substantially the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address your letter to:

 

The LVMPD Foundation, 12345 Las Vegas Boulevard, Las Vegas, Nevada 89123

 

Feel free to email contact@lvmpdfoundation.org. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. the LVMPD Foundation is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:

  • the LVMPD Foundation has no obligation concerning such information;
  • the information is non-confidential;
  • the LVMPD Foundation may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

 

Governing law

The Site is controlled, operated, and administered by the LVMPD Foundation from within the State of Nevada. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of Nevada and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

 

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Clark County, Nevada and acknowledge that you do so voluntarily.

 

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

General

the LVMPD Foundation’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties have requested that these Terms and all documents relating thereto be drawn up in English.

 

Contact

Questions about this Policy should be directed to contact@lvmpdfoundation.org or by writing to us at The LVMPD Foundation, 7175 Bermuda Road, Las Vegas, NV 89119. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the LVMPD Foundation.

 

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