• Terms And Conditions

    February 6, 2018 | Ken
  • Simplify Commerce Compliance Statements

    https://www.tempediablos.org/wp/terms-conditions/
    https://www.tempediablos.org/wp/privacy-policy/
    https://www.tempediablos.org/wp/shipping-policy/
    https://www.tempediablos.org/wp/return-policy/

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    Terms & Conditions

    Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tempe Diablos’ relationship with you in relation to this website.

    The terms ‘Tempe Diablos’, ‘Diablos’, ‘us’ or ‘we’ refers to the owner of the website whose registered office is P.O. Box 13246, Tempe AZ 85284-0055 and its officers, directors, attorneys, and corporate agents. The term ‘you’ refers to the user or viewer of our website.

    The use of this website is subject to the following terms of use:

    The content of the pages of this website is for your general information and use only. It is subject to change without notice.

    Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

    Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

    This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

    All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

    Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

    From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

    You may not create a link to this website from another website or document without Tempe Diablos’ prior written consent.

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    Privacy Policy

    Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

    Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

    Collection of Information

    We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. We may also use your information to further the mission of the Tempe Diablos, including communicating with you regarding the Tempe Diablos.

    Cookie/Tracking Technology

    The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

    Distribution of Information

    We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

    Commitment to Data Security

    Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

    Privacy Contact Information

    If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

    By e-mail: info@tempediablos.org

    By Phone: 480-491-3680

    We reserve the right to make changes to this policy. Any changes to this policy will be posted.

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    Shipping Policy

    All sales and donations are final and nonrefundable. If you have purchased a ticket to an event or function, including a raffle, confirmation will be provided through the purchase portal. In addition, we may, but are not required to, provide you with an email or other electronic delivery of confirmation, including a ticket or other proof of your purchase. You agree that you will be responsible for the delivery or transportation of any product, services, or other benefits arising from your purchase or donation at your own cost.

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    Return Policy

    All sales and donations are final and nonrefundable. If you have purchased a ticket to an event or function, including a raffle, confirmation will be provided through the purchase portal. In addition, we may, but are not required to, provide you with an email or other electronic delivery of confirmation, including a ticket or other proof of your purchase. You agree that you will be responsible for the delivery or transportation of any product, services, or other benefits arising from your purchase or donation at your own cost.

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    Limitation of Liability

    We will not be liable to you in relation to the contents of, or use of, or TRANSACTIONS PROCESSED through, or otherwise in connection (COLLECTIVELY “USE”), with this website for any indirect, special or consequential loss. In addition, we will not be liable to you for any special, punitive, exemplary, damages or any damages for any business loss, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, or loss or corruption of data or information. This limitation of liability shall apply regardless of whether the liability is sought to be imposed under contract, tort, or otherwise. these limitations apply even if you have been expressly advised of the potential loss.

    Indemnity

    You hereby indemnify the Diablos and undertake to keep us indemnified against any losses, damages, costs, liabilities, including taxes for value received, and expenses (including without limitation legal expenses and any amounts paid by the Diablos to a third party in settlement of a claim or dispute on the advice of the Diablos’ legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions

    Warranties

    This website is provided “as is” without any representation or warranty, express or implied. We make no representations or warranties in relation to this website or the information or materials provided on this website.

    Reasonableness

    By using this website, you agree that the exclusions, warranties (or lack thereof), and limitations of liability set out in these Terms & Conditions are reasonable. If you do not think that they are reasonable or do not agree with them, you must not use this website.

    Dispute Resolution

    You agree that any dispute arising out of the use of this website shall be determined by binding arbitration conducted before a single arbitrator and pursuant to the rules of the American Arbitration Association. The exclusive venue for such arbitration shall be within Maricopa County, Arizona. Any disputes shall be governed by the laws of the State of Arizona. Each party agrees to bear its own attorney’s fees, costs, and expenses, regardless of whether they are ultimately deemed to be the prevailing party to such dispute resolution.

    Severability

    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    Entire agreement

    These terms and conditions, together with any related documents, constitute the entire agreement between you and the Diablos in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

    Variation

    The Diablos may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.