Terms of Use

LAST UPDATED JANUARY 3, 2020

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE LOCKWOOD-DONIS.ORG WEBSITE.  IF YOU ARE USING THE SITE AS A VISITOR, THEN BY USING THE SITE, YOU AGREE THAT SUCH USE CONSTITUTES YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOUR ACCEPTANCE OF OUR AGREEMENTS IS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO OUR AGREEMENTS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY AS WELL AS TO YOURSELF.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

LEGAL NOTICES
The website LOCKWOOD-DONIS.ORG (the “website” or “site” or “service”) is provided by David Lockwood and Carolina Donis and The Lockwood Donis Foundation, a Texas 501(c)(3) non-profit corporation (collectively “LDF”) as a service to our users. Please carefully review the following basic rules that govern your use of the website. Please note that your use of the site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to them, do not use the website, provide any materials to the site or download any materials from it. LDF reserves the right to update or modify these Terms at any time without prior notice to you (the “User”).  Your use of the site following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to review these Terms of Use whenever you use this website. These Terms of Use apply to the use of the LDF site and do not extend to any linked third-party sites. In this Agreement, “we”, “us” and “LDF” mean THE LOCKWOOD DONIS FOUNDATION and DAVD LOCKWOOD, and “you” means the person using the service, your administrators, executors, successors and assigns, as well as the organization or company on whose behalf you may be acting when you access this site.  These Terms, and our Privacy Policy, which is hereby incorporated by reference, contain the entire agreement (the “Agreement”) between LDF and you with respect to this site. Any rights not expressly granted herein are reserved.

PERMITTED AND PROHIBITED USES
You may use the website for the sole purpose of accessing the site to review David Lockwood and Carolina Donis’ biography, to download publications written by David Lockwood and Carolina Donis, to review audio/visual content, and to use tools created by David Lockwood and Carolina Donis to aid in the understanding and application of his concepts and research to your business and personal life. You may not use the website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the website any information the disclosure of which would constitute a violation of any confidentiality obligation on your part. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject LDF’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of LDF’s website. You’re strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

As a condition for accessing the site and using the site, you agree not to (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the content appearing on the site other than as expressly allowed under these Terms of Use; (ii) use LDF’s name, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or emails; or (iii) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.

You may not use the website in a way that harms David Lockwood, Carolina Donis, LDF or LDF’s members, affiliates or vendors, or other users of the site.

COPYRIGHT AND LIMITED LICENSE TO SITE AND SITE MATERIALS
All email messages or notices sent to you by LDF, in connection with this service, the website and all materials on the website, including without limitation any LDF and third party logos and all other documents, videos, text, graphics, pictures, information and other content (collectively, “site materials”), are the proprietary property of LDF or its licensors. You are granted a limited, nonexclusive license (without the right to sublicense) to download and reproduce site material documents that are specifically made available on the site for the general public to download (“public documents”), provided that any copyright notices on each page of public document reproductions are reproduced in full and that you agree to comply with all such notices. Such license is subject to these Terms of Use and excludes: (i) any resale of the site or any site materials; (ii) any distribution, public performance or public display of any site materials, other than sharing copies of public documents as provided by these Terms of Use; (iii) modifying or otherwise making any derivative uses of the site or any site materials; (iv) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; or (v) downloading (other than the page caching) of any portion of the site, the site materials (except as provided above) or any information contained therein. Any use of the site or site materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.

TRADEMARKS
LOCKWOOD DONIS FOUNDATION, the LOCKWOOD DONIS logo, DAVID LOCKWOOD, CAROLINA DONIS, and any other product or service name or slogan contained in the website are trademarks of LDF and/or its licensors (the “LDF Marks”) and may not be copied, imitated or used, in whole or in part, without the prior written permission of LDF or the applicable trademark holder. Please see Trademarks for a complete list of the LDF Marks. You may not use any metatags or any other “hidden text” utilizing the LDF Marks or any other name, trademark or product or service name of LDF without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners. Reference to any products or services, whether by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by LDF.

USER SUBMISSIONS
LDF does not want to receive confidential or proprietary information from you through the site. By posting, submitting or transmitting any material, information, or other communication (“Content”) directly to LDF’s website, you (a) agree that such Content will be considered non-confidential and non-proprietary, (b) agree that LDF will be under no obligation of any kind with respect to such information, and (c) grant, and hereby grant, to LDF a perpetual, worldwide, nonexclusive, royalty-free, fully sublicensable and irrevocable license to reproduce, make derivative works from, use, disclose, and distribute the Content to others without limitation. At our sole election, LDF may provide authorship attribution by listing your name. Further, you agree to waive and forego asserting any moral rights you may have in the Content. By submitting Content to LDF, you represent and warrant that you have authority to provide such Content to LDF and grant the rights to the Content granted herein, and that doing so does not and will not constitute the infringement or misappropriation of the trade secrets or other confidential information of you or any third party.

USE OF PERSONALLY IDENTIFIABLE INFORMATION
Information submitted to the website is governed according to LDF’s then-current Privacy Policy.

You agree to provide true, accurate, current, and complete information when providing information to our website, such as signing up to receive correspondence from us. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to remove your information from our database without notice and to refuse any and all current and future use of this site.

If you request correspondence from us, you may be asked to supply your name and email address. You grant LDF, its affiliated companies, and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site and in the provision of services to you. LDF cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this site. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless DAVID LOCKWOOD, CAROLINA DONIS, LDF, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the site, including, without limitation, your violation of these Terms of Use, your infringement or that of any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

TERMINATION
These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of this website. If you’re dissatisfied with this website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using this website. LDF reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where LDF has reason to believe that you are in violation of these Terms of Use.

WARRANTY DISCLAIMER
THE LDF WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LDF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. LDF MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LDF MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. LDF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR SERVICES INCLUDED ON THIS SITE.

IN NO EVENT SHALL LDF OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE, EVEN IF LDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. LDF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LDF OR THROUGH LDF, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL LDF OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LDF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

LDF’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT LDF WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

GENERAL
LDF is based in the United States. LDF makes no claims that the content on the site is appropriate or may be downloaded outside of the United States. Access to the site materials may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the State of TEXAS, excluding that state’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of LDF to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit LDF’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of the State of TEXAS, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

LINKS TO OTHER MATERIALS
This site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that LDF offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and LDF reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, LDF cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.