Terms of Use

Website Terms and Conditions of Use
1. Terms

By accessing this Website, accessible from https://fernandez.foundation, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on fernandez.foundation’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or for any public display;
  • attempt to reverse engineer any software contained on fernandez.foundation’s Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transferring the materials to another person or “mirror” the materials on any other server.

This will let fernandez.foundation to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

3. Disclaimer

All the materials on fernandez.foundation’s Website are provided “as is”. fernandez.foundation makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, fernandez.foundation does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

fernandez.foundation or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on fernandez.foundation’s Website, even if fernandez.foundation or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on fernandez.foundation’s Website may include technical, typographical, or photographic errors. fernandez.foundation will not promise that any of the materials in this Website are accurate, complete, or current. fernandez.foundation may change the materials contained on its Website at any time without notice. fernandez.foundation does not make any commitment to update the materials.

6. Links

fernandez.foundation has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by fernandez.foundation of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

fernandez.foundation may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Governing Law

Any claim related to fernandez.foundation’s Website shall be governed by the laws of in without regards to its conflict of law provisions.

3. EMBEDDED CONTENT

Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:

FACEBOOK

The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy .

TWITTER

We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy .

YOUTUBE

We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.

CONSENT CHOICE

We provide you with the choice to accept this or not, we prompt consent boxes for all embedded content, and no data is transferred before you consented to it.

The checkboxes below show you all embeds you have consented to so far. You can opt-out any time by un-checking them and clicking the update button.

  • YouTube
  • Facebook
  • Twitter
4. COOKIES

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.

NECESSARY COOKIES (ALL SITE VISITORS)
  • cfduid: Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
  • PHPSESSID: To identify your unique session on the website.
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
  • wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
  • wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
  • wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
  • wp-settings-[UID]:WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
5. WHO HAS ACCESS TO YOUR DATA

If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself.

If you are a client with a registered account, your personal information can be accessed by:

  • Our system administrators.
  • Our supporters when they (in order to provide support) need to get the information about the client accounts and access.
6. THIRD PARTY ACCESS TO YOUR DATA

We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:

ENVATO PTY LTD

For the purpose of validating and getting your purchase information regarding licenses for the Avada theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.

TICKSY

Ticksy provides the support ticketing platform we use to handle support requests. The data they receive is limited to the data you explicitly provide and consent to being set when you create a support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

7. HOW LONG WE RETAIN YOUR DATA

When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.

If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.

8. SECURITY MEASURES

We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

9. YOUR DATA RIGHTS
GENERAL RIGHTS

If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.


You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).

If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.

GDPR RIGHTS

Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. ThemeREX permits residents of the European Union to use its Service. Therefore, it is the intent of ThemeREX to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.

10. THIRD PARTY WEBSITES

ThemeREX may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by ThemeREX, and you release us from any liability for the conduct of these third party websites.

All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. ThemeREX bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES

At times it may become necessary or desirable to ThemeREX, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.

12. AMENDMENTS

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.

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