Terms and Conditions
These Terms are effective as of the date posted above, and we may update the Terms in our sole discretion. As such, we encourage you to review the Foundation’s most updated Terms. Your continued use of the Site following the posting of any additional or different terms in the Terms (the “Updates”) constitutes your acceptance of the Updates.
Collection and Use of Data
We welcome you to visit our Site, which can be browsed without you providing any personal information online. For those who visit our Site, kindly note that we may collect your Internet Protocol (IP) address(es), the name of your internet provider, the browser, and the type of computer you are using, the website that referred you to us, and the pages of our Site that you visit (“Public Information”).
Some of you may visit our Site and sign up for our Amplify newsletter, nomination form, or application form (“Visitor Information”).
Both the Visitor Information and Public Information are referred collectively as “Data”. The Foundation may use the Data to provide you with other electronic communication, including but not limited to, e-mails, and/or Foundation promotional articles of interest, to enhance the Site by understanding and generating demographic information, including but not limited to statistics, in order to better understand and serve the concerns of the community with which we are reaching. The Foundation shall not use any of the Data for commercial purposes as any use of the Site for commercial purposes is strictly prohibited.
This Site is operated in the United States. If you are not within the U.S., any Data you provide to Us will be transferred to the United States. By using the Site, you agree and consent to this transfer, retention, and processing of your Data within the United States.
The Foundation and its vendors may use the Data to help improve and manage the Site, track traffic to the Site, and obtain general demographic information. Additionally, the Foundation may use your IP address to diagnose technical issues, manage our Site, and obtain Data on its use. Through the Data, we are able to determine which part of our Sites are most visited so that we are able to prepare content to better serve the interests of our followers and visitors and the greater community.
Should you submit an application or nomination on the Site, or subscribe to our Amplify Newsletter, the Foundation may provide you with electronic communications that the Foundation or third-party service providers engaged by the Foundation may send. These communications may include describing the work of the Foundation and its nominees, award finalists, fellows, winners, semi-finalists as well as general updates, press releases, applications and/or nomination news, and other information the Foundation finds of interest to the broader community.
The Foundation is the owner of the Data collected on the Site. As such, we shall not sell, rent, share, exchange, or otherwise disclose the Data to others outside of the Foundation, except as described in these Terms. We shall attempt to collect and store the Data in a manner to protect its confidentiality. While we shall do our utmost to protect the Data, you recognize, however, that no transmission of data is entirely secure.
You also understand, acknowledge, and consent to the fact that the Foundation may be required to disclose or provide Data pursuant to subpoenas, warrants, or other judicial or government orders, especially in the event an individual’s safety or security is at risk, or as otherwise required by law.
You shall defend, indemnify, and hold harmless Us, our third party agents and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site or from your violation of these Terms or infringement by you or any third party using your account or IP, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FOUNDATION NOR ITS THIRD PARTY AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOMETHING ELEVATE PRIZE OR ITS THIRD PARTY SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE FOUNDATION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
Jurisdiction and Venue
The courts of Miami-Dade County in the State of Florida, USA and the U.S. District Court for the Southern District of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings relating to these Terms.
(a) Mandatory Arbitration of Disputes. Site user (“You”) and The Foundation each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Foundation agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Foundation each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 5(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place at the Miami branch of the American Arbitration Association, unless we both agree to a different location. The Miami branch of AAA can be reached at (305) 358-7777. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
(e) Injunctive and Declaratory Relief. Except as provided in Section 5(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Effect of Changes on Arbitration. If Foundation changes any of the terms of this Section after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Foundation’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Foundation in accordance with the terms of this Section “Dispute Resolution” as of the date you most recently accepted these Terms.
(h) Severability. With the exception of any of the provisions in Section 5(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE FOUNDATION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 5 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION
Should you have any questions about these Terms, please contact us at firstname.lastname@example.org.