Terms of Use

Website User Agreement

Welcome to miamiheartgallery.org. This website is owned and operated by The Children’s Trust. By visiting our website and accessing the information, resources, services, products and tools (“Resources”) that we provide, you understand and agree to accept and adhere to the terms and conditions stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions in our Privacy Policy, [link to privacy policy here] which is incorporated herein by reference.

The Children’s Trust reserves the right to update or change this User Agreement from time to time and for any reason without providing notice. By continuing to use this website and the services offered on this website, you agree to be bound by any such revised terms and that you are at least 13 years of age.

Disclaimer of Liability and Reliability

The information and data included in this website has been compiled by The Children’s Trust staff from a variety of sources and providers. In preparing this website and the content herein, every effort has been made to offer the most current and accurate information available. Nevertheless, inadvertent errors in information may occur. The Children’s Trust makes no warranties or representations regarding the quality, content, completeness, suitability, adequacy, accuracy or timeliness of such information and data.
 

Responsible Use and Conduct

You agree to use this website and our Resources in a responsible manner and as permitted by applicable local, state and federal laws. You understand that the following conduct is strictly prohibited: accessing (or attempting to access) any of our Resources by any means other than through the means that we provide; engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected; and attempting to copy, duplicate, reproduce, sell, trade or resell our Resources. By engaging in any such unauthorized activity, you are solely responsible for any direct or indirect consequences, losses or damages that may be incurred.
 

Online Registration

You may be required to provide information about yourself as part of the registration process or as part of your ability to use the resources. Florida’s Public Records laws, as set forth in Florida Statutes Chapter 119, requires that all state, county, and municipal records be available for inspection and duplication by any person unless expressly exempted by the law. As a result, information collected by The Children’s Trust Miami Heart Gallery resulting from use of our online services may be subject to examination and inspection upon request.

By creating an account you agree: (i) that any information you provide will be truthful and accurate; (ii) you are responsible for maintaining the confidentiality of your account and login information; (iii) you are responsible for all activities that occur under your account profile; and (iv) you will notify us immediately, at the address provided below, of any breach of security or unauthorized use of your account.

Also note that from time to time the email address you provide for your account will be used to send you important account information.

 

Right to Participate

By agreeing with the terms and conditions set forth above, you also agree to allow The Children’s Trust Miami Heart Gallery and its staff, affiliates and trusted affiliations, to access necessary information entered by you to successfully and securely provide services.

 

Disclaimer of Damages and Limitation of Warranties and Liability

By using this website, you assume all risks associated with ITS use, including any risk to your computer, software or data being damaged by any virus, software or any other file which might be transmitted or activated by this website and/or your access to it.

You understand and agree that all Resources we provide are “as is,” “as available” and without warranty of any kind, express or implied. We do not represent or warrant to you that: (i) the use of our Resources will meet your needs or requirements; (ii) the use of our Resources will be uninterrupted, timely, secure or free from errors; or (iii) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

You expressly agree that your use of this website and its resources is at your sole risk. The Children’s Trust shall not in any event be liable for any direct, indirect, punitive, special, incidental or consequential damages, including, without limitation, lost revenues or lost profits, arising out of, or in any way connected with, the use or misuse of THIS WEBSITE OR ITS RESOURCES, OR the information or lack of information on this website, or WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

Links to Third Party Websites

For your convenience, this website may contain links to or refer to websites owned and operated by third parties. Such websites are not under the control of The Children’s Trust and are not endorsed by The Children’s Trust. The Children’s Trust is not responsible or liable for any information, communications or materials available on the websites of third parties.
 

Copyrights/Trademarks

All content and materials available on miamiheartgallery.org, including, but not limited to, text, graphics, website name, code, images and logos are the intellectual property of The Children’s Trust and are protected by applicable copyright and trademark law. Any unauthorized or inappropriate use of any content on this website is strictly prohibited.

Termination of Use

We may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease and we reserve the right to remove any information that you may have on file with us, including any account or login information.
 

Governing Law

This website and User Agreement are governed by the laws of the state of Florida, United States of America. By accessing our website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and its Resources. Any controversies or legal problems arising out of the terms of this User Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida, except where jurisdiction and venue are mandated by applicable law. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Nothing contained in this User Agreement is in derogation of The Children’s Trust’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by The Children’s Trust with respect to your use.

Severability

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 User Agreement shall continue in effect.
 

Closing of Agreement

This User Agreement constitutes the entire agreement between you and The Children’s Trust with respect to this website. Any rights not expressly granted herein are reserved.
 

If you have any questions, comments or concerns, please contact us:

By mail:
The Children’s Trust
3150 SW 3rd Avenue (Coral Way)
8th Floor
Miami, FL 33129
 
 
By phone: 305.571.5700
 
By fax: 305.571.5716
 

Please note, under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.