TERMS & CONDITIONS

Welcome to the prosperausa.org website, owned and operated by the Hispanic Business Initiative Fund of Florida, Inc., dba Prospera (“Prospera”). This Agreement contains the terms and conditions (“Terms”) that govern your use of this website and any other website owned or operated by Prospera, including Prospera’s limited-access website and any successor to any of the foregoing (each referenced herein as the “Site”), and all material contained thereon, and is legally binding on you. Please read these Terms carefully before using the Site. By using the Site, you signify your acceptance of the Terms. If you do not agree to the Terms, you may not use the Site. As a condition of your use of the Site, you warrant to Prospera that you will not use the Site for any purpose that is unlawful or prohibited by the Terms.

Modification of the Terms and Monitoring of the Site

Prospera reserves the right to modify the Terms or its policies relating to the Site at any time. You are responsible for regularly reviewing the Terms, which can be accessed from the link at the bottom of the Site’s pages, or if the Terms are unavailable there, by requesting a copy from Prospera. Continued use of the Site following modifications of the Terms constitutes your consent to and acceptance of any changes to the Terms. No other act, document, usage or custom amends or modifies the Terms. Prospera may monitor any use of the Site.

License

Prospera grants you a personal, revocable (at any time and for any reason in the discretion of Prospera), non-exclusive, non-transferable, limited license (without the right to sublicense) to display the material contained on the Site solely on your personal computer or mobile device for your personal, non-commercial use, and to copy and download any such material that is permitted by Prospera to be downloaded from the Site, only in accordance with rules that Prospera publishes from time to time in these Terms or otherwise on any of its public websites, and provided that: (1) you include all copyright notices and other notices of proprietary matters appearing on the page containing the material in the copy or download, without modification, (2) you use such displayed, copied or downloaded material solely for your personal, non-commercial purposes and do not modify or distribute it in any manner whatsoever, other than as provided in this paragraph, and (3) you do not use such material for any purpose that is unlawful. Except as otherwise expressly permitted herein, you may not reproduce, modify, create derivatives of, distribute, broadcast, transmit, publish, mirror, frame, sublicense, transfer, sell, or otherwise use any material contained on the Site.

Proprietary and Use Rights

Prospera owns exclusively all right, title and interest in and to the Site, including, without limitation, all material contained in or displayed on the Site (other than material not owned by any person and material which Prospera is licensed to use or display), software, code, data, the look, feel, design and organization of the Site, and compilations of the foregoing, except as otherwise specified. Except as expressly provided herein, Prospera does not grant any express or implied rights with regard to any such material to users of the Site.

Except as otherwise specified on the Site, the following notice applies to the Site and all material on the Site: “Copyright 1991-2018 Hispanic Business Initiative Fund, Inc. All rights reserved.” Removing or altering any copyright notice on any page of the Site is prohibited. Prospera also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content.

Prospera either owns or holds a license from the owner for the display or other use of all legally-protectable trademarks, service marks, and trade names displayed on the Site. The marks “Prospera,” the “Hispanic Business Initiative Fund,” “HBIF”, and “Prospera Giving Fund,” among others, are trade/service marks of Prospera, and you or any other person may use such marks only with Prospera’s permission. The names of other companies and products mentioned on the Site may be the trademarks of their respective owners.

User Responsibility

You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or other rules Prospera publishes on any of its public websites, and further acknowledge and agree that compliance with this covenant is a condition of the license granted herein.

Privacy

Prospera is committed to respecting the privacy of its donors, clients and potential clients. Please see Prospera’s Privacy Policy, the terms of which are incorporated into this Agreement by reference, for a summary of Prospera’s personal data collection and use practices. Use of the Site constitutes consent to Prospera’s collection and use of personal data as outlined in that Policy.

You acknowledge, moreover, that any information obtained by monitoring your usage of the Site is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity, and acknowledge and agree that Prospera may comply with all requests for such information by government investigators.

Third-Party Content and Links

Some statements and other material displayed on the Site are supplied by individuals or organizations other than Prospera, and may include offers and promotions by such individuals or organizations. (Any individual or organization other than Prospera is identified in these Terms as a “Third Party,” and statements and other material produced or owned by a Third Party are identified in these Terms as “Third Party Content.”) You should assume that all Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider. In addition, Third Parties other than Prospera may own or operate sites that are linked from time to time to the Site via hyperlink provided by Prospera or by a Third Party. By providing or permitting the display of Third Party Content or linking to or permitting links of the Site to Third Party sites, Prospera is not endorsing, sponsoring, selling, providing, or claiming any affiliation with any Third Party, Third Party Content, or services or goods of a Third Party, nor recommending donation to, engagement of, or purchase from or sale to any Third Party.

No Professional Advice

Prospera provides the content on the Site for general informational purposes only, does not intend for you to rely on such content, and in fact advises you not to rely on such content, but to consult with your legal, tax, or other advisor for information and advice related to your specific situation. Prospera does not provide legal or tax advice. Each person’s tax situation is unique and likely to be affected by specific facts and circumstances that are beyond Prospera’s control or knowledge. Additionally, tax laws and regulations, both at the federal and state levels, change frequently, and their applicability to a particular person’s circumstances can vary widely. Prospera disclaims any responsibility for the accuracy or adequacy of any position taken by donors on their tax returns.

Disclaimers

PROSPERA PROVIDES AND MAKES AVAILABLE THE SITE AND ALL OF ITS CONTENT, INCLUDING THIRD PARTY CONTENT, AND THIRD PARTY CONTENT PROVIDERS PROVIDE AND MAKE AVAILABLE ON THE SITE ALL THIRD PARTY CONTENT, ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PROSPERA AND EACH THIRD PARTY CONTENT PROVIDER, THE AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES OF ANY OF THE FOREGOING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “PROTECTED PARTIES”) DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO CONTENT OF THE SITE, ITS OPERATION, OR ANY OTHER MATTER WHATSOEVER RELATING TO THE SITE INCLUDING,

WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROTECTED PARTIES DO NOT REPRESENT, WARRANT, OR PROMISE, AND IN FACT EXPRESSLY DISCLAIM ANY REPRESENTATION, WARRANTY, OR PROMISE, THAT

• COMMUNICATIONS OR INFORMATION, INCLUDING PERSONAL INFORMATION, TRANSMITTED OR DISPLAYED TO, FROM, ON, OR OVER THE SITE WILL BE MAINTAINED AS SECURE AND CONFIDENTIAL;
• ANY STATEMENTS OR OTHER MATERIAL TRANSMITTED OR DISPLAYED TO, FROM, ON, OR OVER THE SITE WILL BE ACCURATE, TIMELY, USEFUL, COMPLETE, OR HARMLESS;
• THE AVAILABILITY OF THE SITE AND THE PROVISION OF RELATED INTERNET, COMMUNICATIONS, DATA PROCESSING, NETWORK, AND HOSTING SERVICES WILL CONTINUE FOR ANY LENGTH OF TIME OR WITHOUT INTERRUPTION; OR
• THE SITE OR THE SERVICE THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Assumption of Risk and Responsibility

You assume all risks OF using the Site, AND ALL RELATED COSTS, INCLUDING THE RISK OF DAMAGE AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND RELATED SYSTEMS ARISING FROM YOUR USE OF THE SITE. YOU ASSUME ALL RISKS OF VIEWING, USING, DISTRIBUTING, OR ENDORSING SITE CONTENT, INCLUDING THIRD PARTY CONTENT. You further assume sole responsibility to take all actions for the security and maintenance of your computer systems, software, and data, including but not limited to (1) creating fire walls and taking similar protective measures to prevent unauthorized access to your computer systems, software, or data or infiltration or corruption of your computer systems, software, or data, (2) creating, storing, and updating any necessary back-up or archival copies of data as needed in case of system failure, and (3) fully documenting all account information.

Waiver of Liability, and Sole Remedy

YOU WAIVE, RELEASE AND DISCHARGE THE PROTECTED PARTIES FROM, AND COVENANT NOT TO SUE THE PROTECTED PARTIES FOR, ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, AND INCLUDING INTANGIBLE DAMAGES) CAUSED BY OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE THE SITE, BY VIEWING OR OTHER USE OF SITE CONTENT, INCLUDING THIRD PARTY CONTENT, OR THE CONTENT OF LINKED SITES, BY INTERACTION WITH THIRD PARTIES INTRODUCED THROUGH THE SITE, BY COMPUTER VIRUS, OR BY THEFT, UNAUTHORIZED ACCESS TO, OR DESTRUCTION OF PERSONAL OR OTHER INFORMATION, REGARDLESS OF CIRCUMSTANCES, WHETHER OR NOT SUCH DAMAGE RESULTS IN WHOLE OR IN PART FROM A PROTECTED PARTY’S BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHER ACTION OR OMISSION (BUT NOT TO THE EXTENT SUCH DAMAGE RESULTS FROM A PROTECTED PARTY’S WILLFUL AND WANTON MISCONDUCT), AND EVEN

IF ONE OR MORE OF THE PROTECTED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY ASPECT OF ITS USE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE FOREGOING LIMITATIONS OR EXCLUSIONS OF LIABILITY, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE OR ITS CONTENT MAY NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE.

Indemnification

You agree to indemnify Prospera and any of its licensors, and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, legal representatives, agents, heirs, successors and assigns, from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or connected in any way to any claims, actions, suits, or demands based on or related to your use of the Site, or any breach by you of the Terms.

Applicable Law and Dispute Resolution

Unless Prospera otherwise specifies publicly, or directly to you, Prospera controls and operates the Site from its headquarters in the State of Florida, the United States of America. Prospera does not represent that the Site is appropriate or available for use outside the United States. If you choose to access the Site from other jurisdictions, you do so without Prospera’s encouragement or assurances regarding the consequences.

This Agreement is governed by and interpreted in accordance with the laws of the State of Florida, without reference to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state or federal courts located in the State of Florida, specifically in the Orange County Superior Court of Orange County, Florida, or the United States District Court for the 9th Judicial Circuit Court of Florida, in any action arising out of or relating to these Terms, the Site, or your use of the Site. You also agree that any dispute resolution proceedings arising out of or relating to these Terms, the Site, or your use of the Site will be conducted on an individual basis and not in a class, consolidated, or representative action.

Termination

Prospera may terminate your access to all or any part of the Site and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including, but not limited to, your breach of the Terms.

Waiver

The failure of Prospera to insist on strict performance of the Terms will not operate as a waiver of any default or failure of performance. No waiver by Prospera of any right under the Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time unless acknowledged and agreed to by Prospera in writing.

Integration, Severability, and Reservation of Rights

If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions, which must be construed, as nearly as possible, to reflect the intentions of the parties, and to remain in full force and effect.

The Terms comprise the entire agreement between you and Prospera with respect to the Site. You may also be subject to additional terms and conditions contained in any other agreements between you and Prospera including (but not limited to) the Prospera Gift and System Use Agreement.
Any rights not expressly granted herein are reserved.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding the Terms or wish to obtain additional information regarding Prospera, please call (407) 413-8564.
The foregoing Terms are effective as of January 1, 2016.