Milagro Center

Terms and Conditions

The following terms and conditions (“Terms and Conditions”, “Agreement” or “Terms”) are entered into between you (the “User”) and The Milagro Foundation, Inc. d/b/a Milagro Center, a 501(c)(3) non-profit organization  and its affiliates, hereafter referred to in these Terms and Conditions as “Milagro”, “us”, “our” or “we”. These Terms and Conditions govern your access to, and use of, https://www.milagrocenter.org/ (the “Website”), including any content, functionality, and services (“Service”) offered on or through the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy. If you do not agree to the Terms and Conditions and the Privacy Policy, you may not access or use the Website.

In addition, certain areas of the Service may be subject to additional Terms and Conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms and Conditions applicable to such areas. In the event that any of the additional Terms and Conditions governing such area conflict with these Terms, the additional terms will control.

Milagro may change this Agreement at any time by posting an updated Terms and Conditions on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be constructively deemed to have accepted the changes.

  1. Who We Are

Milagro Center is a federally registered, fully accredited, 501 (c)3 nonprofit organization whose mission is to ensure the social and academic success of underserved children and youth through Cultural Arts, Living Values, Academic Support, and Mentoring. Milagro receives 100% of each contribution, donation, and grant. Gifts to Milagro are tax-deductible. Milagro Foundation, Inc. tax I.D. number is: #65-0804625. For more information about our programs visit this page https://www.milagrocenter.org/programs-2/ .

  1. Users of Our Website

Our Website is designed to comply with the Children’s Online Privacy Protection Act (COPPA) and Milagro will not knowingly collect personally identifiable information (PII) from anyone under the age of 13. Furthermore, by using our Services, you represent and warrant that you have attained the age of majority (18 year of age in most jurisdictions) and are otherwise capable of entering into binding contracts including the terms of this Agreement and the terms of any donation or gift you make to Milagro. If you are using our Services on behalf of another party including, without limitation, a business entity, organization, school, or other individual, you represent and warrant that you have authority to act on behalf of that party and to bind that party to this Agreement.

  1. Providing Information to Milagro

To contact Milagro about our programs and Services, access features of the Service or make a donation or gift, you may be required to provide us with some information about yourself including, but not limited to, name, address, age, business or organization name and email address. Some of this information may be of a confidential nature and may include PII or personal identifying information (all “Your Information”).  If you provide Your Information to us then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity.

  1. Privacy and Your Personal Information

For information about Milagro’s data protection practices and privacy policies, please read our Privacy Policy here (https://www.milagrocenter.org/privacy-policy/). This policy explains how we collect, store, share and protect your personal information when you use the Services. You agree to the use of your data in accordance with the Milagro Privacy Policy.

 

  1. Your Access and Use of our Services
    1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
    2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
    3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
    4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information from our Services.
    5. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Milagro shall not, under any circumstances, be liable in any way for any user content uploaded to our Website.
    6. You shall not use any communication systems provided on our Services including, without limitation text and email, for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of our Services without our prior written permission.
    7. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services.
  1. Donations

When making a gift or donation to Milagro, and providing us with your method of payment information, you thereby authorize us to charge you for your gift or donation using a secure third party payment portal that we provide to you. Milagro does not collect, store, or process your payment information. Donations made to Milagro are not eligible for a refund once the payment is processed. If you would like more information about the processing of your donation, or the secure third party payment portal, please contact us at info@milagrocenter.org.

  1. Electronic Transactions

Your use of the Services includes the ability to enter into agreements, including these Terms, and to make other transactions electronically, including donations and gifts. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and donations.

 

  1. Electronic Communications
    1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, text, SMS email, telephone or by posting notices on our Services.  When you use our Services, you hereby consent to communicating with us electronically.
    2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Proprietary Rights

As between Milagro and you, Milagro or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Milagro.

  1. Intellectual Property Rights
    1. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”) and are owned by Milagro. You may not use the Proprietary Marks without our prior written permission.
    2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
    3. The information, content, documentation, guides, descriptions, advice, data and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by us, or otherwise licensed to us, or Our Content suppliers.
    4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of Our Content (the “Collective Work”).
    5. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work.
    6. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work and/or any other harm incurred by us or our affiliates as a direct, or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
  1. Use of Our Content
    1. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
    2. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.

 

  1. Information Accuracy
  2. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.
  3. Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
  1. Third Party Links, Services and Content

The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms and Conditions and Privacy Policy and you release us from any liability.

  1. Third Party Social Networking

If you access our Services through a third party social networking site or application including, but not limited to, Facebook, LinkedIn or X (formerly Twitter), you authorize Milagro to access certain information about you that is made available through that third party social networking site and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.

  1. Security

Violating the security of our Services is prohibited and may result in criminal and civil liability. Milagro may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

  1. Copyright and Intellectual Property Policy

Milagro does not permit the use of content on its websites that infringes on the trademark or copyrights of others and will remove any such content if properly notified of such violation in accordance with the procedure set forth below. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work that you claim has been infringed.
  3. Identification of the material that is claimed to be infringing and where it is located on the Service.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: info@milagrocenter.org.

  1. Disclaimers; No Warranties
  2. ALL SERVICES AVAILABLE FROM MILAGRO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MILAGRO AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “MILAGRO PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  3. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
  4. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
  5. THE MILAGRO PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  6. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
  7. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
  8. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  1. Limitation Of Liability
  2. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL.
  4. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  5. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
  1. Indemnity
    1. User agrees to indemnify, defend, and hold harmless Milagro and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of the Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s material and Services outside what has been expressly authorized in the Terms and Conditions.
    2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  1. Release

By using the Services, you release, to the maximum extent allowed by law, Milagro, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services.

 

  • Governing Law; Jurisdiction
  1. This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws principles.
  2. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Florida in and for Palm Beach County. You further agree that: (i) our Services shall be deemed solely based in the State of Florida; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
  1. Our Remedies
    1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damages, or to post an injunction bond, and/or to obtain a decree for specific performance of the provisions of this Agreement.
    2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Florida in and for Palm Beach County. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
  1. Law Enforcement
    1. Milagro is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Milagro receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
    2. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Milagro may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Milagro will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
  1. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services.  You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement.  Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

  1. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

  1. No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

  1. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Milagro regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

 

CONTACT US:

If you have to provide us with any notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@milagrocenter.org or mail us here:

Milagro Center

695 Auburn Ave,

Delray Beach, FL 33444

561-279-2970

 

Last updated: February 3, 2024