Terms and Conditions for Disabled Children’s Association, Inc. at www.dcaserves.org
Introduction
The Disabled Children’s Association, Inc. (DCA) provides the website located at www.dcaserves.org (the “Site”) to you, the user, subject to your compliance with the terms and conditions set forth below. Your use of this Site constitutes your agreement to follow and be bound by these terms and conditions. DCA may change these terms and conditions at any time and without prior notice to you, and your continued use of this Site after such changes have been posted constitutes your agreement to follow and be bound by the then-current terms and conditions.
User Content
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to DCA, or postings on this Site, are non-confidential and shall become the sole property of DCA. DCA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Medical Disclaimer
This Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a licensed medical professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, call your doctor or 911 immediately. The information and materials provided on this Site are for general informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. By using this Site, you acknowledge and agree to the above medical disclaimer.
Donations and Contributions
a. All donations and contributions are processed through a secure payment gateway and are non-refundable.
b. DCA does not provide tax receipts for donations made through the Site, but will provide a receipt upon request.
c. The use of the donated funds will be in accordance with DCA’s mission and objectives.
d. DCA shall use its best efforts to ensure that all donated funds are used for their intended purposes.
Limitation of Liability
DCA shall not be liable for any damages, including but not limited to direct, indirect, incidental, special, or consequential damages, arising from or in connection with the use of the Site or the information or materials contained on the Site.
Representations and Warranties
By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these terms and conditions and to abide by all of its provisions.
Use of Site
This Site is intended for use by individuals 13 years of age or older. If you are under the age of 13, you are not permitted to use this Site. You may not use this Site for any purpose that is unlawful or prohibited by these terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of DCA or others.
Disclaimer of Warranties
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DCA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Limitation of Liability
DCA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Indemnification
You agree to indemnify, defend and hold harmless DCA, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to its conflict of laws provisions.
Dispute Resolution
Any disputes arising out of or relating to these terms and conditions or the use of this Site shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Lake County, FLorida.
Severability
If any provision of these terms and conditions is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced to the fullest extent possible.
Entire Agreement
These terms and conditions constitute the entire agreement between you and DCA with respect to the use of this Site.
Changes to Terms and Conditions
DCA reserves the right to modify these terms and conditions at any time, and without prior notice, by posting revised terms on this Site. Your continued use of the Site constitutes your agreement to follow and be bound by the then-current version of these terms and conditions.
Contact Information
If you have any questions or comments regarding these terms and conditions or the Site, please contact DCA at info@dcaserves.org.
Last updated: Feb 4, 2023.