Terms and Conditions
Agreement between User and www.friendlysonsofsaintpatrick.com
Welcome to www.friendlysonsofsaintpatrick.com. The
www.friendlysonsofsaintpatrick.com website (the “Site”) is comprised of various web
pages operated by Friendly Sons of St. Patrick of New Bedford Inc. (“Friendly Sons of
St. Patrick”). www.friendlysonsofsaintpatrick.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of www.friendlysonsofsaintpatrick.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them
for your reference.
www.friendlysonsofsaintpatrick.com is a Non-Profit Site.
www.friendlysonsofsaintpatrick.com is a website with the purpose of keeping members
and the general public informed on the organizations events and news. We will also sell
advertisements in our program book for our Annual Gala, tee signs and entry into our
Annual Golf Tournament, Gala Tickets, and accept donations on the website.
Visiting www.friendlysonsofsaintpatrick.com or sending emails to Friendly Sons of St.
Patrick constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communications be in writing.
Children Under Thirteen
Friendly Sons of St. Patrick does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.friendlysonsofsaintpatrick.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.friendlysonsofsaintpatrick.com may contain links to other websites (“Linked
Sites”). The Linked Sites are not under the control of Friendly Sons of St. Patrick and
Friendly Sons of St. Patrick is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Friendly Sons of St. Patrick is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Friendly
Sons of St. Patrick of the site or any association with its operators.
Certain services made available via www.friendlysonsofsaintpatrick.com are delivered by
third party sites and organizations. By using any product, service or functionality
originating from the www.friendlysonsofsaintpatrick.com domain, you hereby
acknowledge and consent that Friendly Sons of St. Patrick may share such information
and data with any third party with whom Friendly Sons of St. Patrick has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.friendlysonsofsaintpatrick.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
condition of your use of the Site, you warrant to Friendly Sons of St. Patrick that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms. You may
not use the Site in any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain
or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of Friendly
Sons of St. Patrick or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site. Friendly Sons of St. Patrick content is not for resale. Your use of the
Site does not entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Friendly Sons of St.
Patrick and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Friendly Sons of St. Patrick or our licensors except as expressly
authorized by these Terms.
The Service is controlled, operated and administered by Friendly Sons of St. Patrick from
our offices within the USA. If you access the Service from a location outside the USA,
you are responsible for compliance with all local laws. You agree that you will not use
the Friendly Sons of St. Patrick Content accessed through
www.friendlysonsofsaintpatrick.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Friendly Sons of St. Patrick, its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorney’s fees) relating to or arising out of your use
of or inability to use the Site or services, any user postings made by you, your violation
of any terms of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. Friendly Sons of St. Patrick
reserves the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Friendly Sons of St. Patrick in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract,
tort, or otherwise at law or in equity for damages or any other relief, then such dispute
shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration
Act, conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrator’s award shall be final, and
judgment may be entered upon it in any court having jurisdiction. In the event that any
legal or equitable action, proceeding or arbitration arises out of or concerns these Terms
and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these
Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation
and enforcement of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis;
class arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you
and Friendly Sons of St. Patrick agree otherwise, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FRIENDLY SONS OF ST. PATRICK OF NEW BEDFORD
INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
FRIENDLY SONS OF ST. PATRICK OF NEW BEDFORD INC. AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FRIENDLY SONS OF ST. PATRICK OF NEW BEDFORD INC. AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL FRIENDLY SONS OF ST. PATRICK OF NEW BEDFORD INC.
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF FRIENDLY SONS OF ST. PATRICK OF NEW BEDFORD
INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
DISCONTINUE USING THE SITE.
Friendly Sons of St. Patrick reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by the laws
of the Commonwealth of Massachusetts and you hereby consent to the exclusive
jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating
to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Friendly Sons of St. Patrick as a result of this agreement or use of the
Site. Friendly Sons of St. Patrick’s performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation of
Friendly Sons of St. Patrick’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Friendly Sons of St. Patrick with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then 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 agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and Friendly Sons of St. Patrick with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Friendly Sons of St. Patrick with respect
to the Site. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in
Changes to Terms
Friendly Sons of St. Patrick reserves the right, in its sole discretion, to change the Terms
under which www.friendlysonsofsaintpatrick.com is offered. The most current version of
the Terms will supersede all previous versions. Friendly Sons of St. Patrick encourages
you to periodically review the Terms to stay informed of our updates.
Friendly Sons of St. Patrick welcomes your questions or comments regarding the Terms:
Friendly Sons of St. Patrick of New Bedford Inc.
PO BOX 4021
New Bedford, Massachusetts 02741
Effective as of December 01, 2018