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TERMS OF SERVICE
I. OVERVIEW
These terms and conditions of use (the “Terms”) contain the terms governing your (collectively, “you” or “your” or “User”) use of the website: Oakdalefes.com, and its related webpages, a website owned and operated by the Festa do Divino Espirito Santo of Oakdale, a California corporation (the “Site”), with the authorization and authority, and in conjunction with all of its parent companies, subsidiaries or brands (collectively, “Oakdale FES,” “we,” “us,” and “our”). BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE, WHICH CONSTITUTE A CONTRACT BETWEEN YOU AND US; IF YOU DO NOT AGREE, DO NOT CONTINUE TO USE THE SITE.
Oakdale FES reserves the right, at its sole discretion, to change, modify, remove, and/or replace these Terms, or parts of these Terms, at any time. Is it your responsibility to check these Terms periodically for any such changes. Any changes made to these Terms shall become effective upon the date they are posted to the Site. So long as you comply with these Terms, Oakdale FES grants you a personal, non-exclusive, non-transferable, fully revocable, limited privilege to access and use the Site for such purposes authorized by these Terms, subject to all of those terms, conditions, and limitations provided herein.
II. OWNERSHIP
Oakdale FES owns the Site. Oakdale FES owns all right, title, interest, and intellectual property attendant or related to any and all content contained or represented on the Site. The look and feel of the Site, including any custom fonts, graphics, and button icons are the property of Oakdale FES and may not be duplicated, copied, imitated, modified, or otherwise used, in whole or in part, in any way without the prior, express, written consent of Oakdale FES. Your failure to comply with any of these Terms will constitute a breach of these Terms and a breach of the contract existing between you and us relating to your access and use of the Site, will result in the immediate revocation of your limited privilege to access and use the Site, and may give rise to a claim by Oakdale FES against you, and may also violate Oakdale FES, or a third party’s, copyright, trademark, and/or other proprietary and industrial property rights.
III. NO LICENSE
The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal use. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Oakdale FES’s or of any third party.
VI. USE OF CUSTOMER DATA
If you respond to Oakdale FES with any information, including but not limited to, feedback, comments, suggestions, improvements, creative ideas, questions, or similar information, all such information will not be deemed or kept confidential by us. By using the Site, you grant to Oakdale FES a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use such information for any purpose, and to incorporate any such information in any marketing or advertising by us. Oakdale FES will exclusively own any improvements or modifications to the Site based upon, or derived from, any such information obtained from you, as a result of your use of the Site, or as otherwise described in this section.
Oakdale FES welcomes your comments and suggestions on the Site and on Oakdale FES’s products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to the development, design, manufacturing, or marketing of its products or services. By submitting information to Oakdale FES through this website, or otherwise, you authorize Oakdale FES to publish such information, to use it as part of its operations, and to incorporate its content or concepts in Oakdale FES’s products or services, without compensation or liability.
You agree that your feedback, comments, suggestions, improvements, creative ideas, questions, or similar information, that is provided to us through your use of the website or otherwise, will not violate any rights of any third-party, including but not limited to, any copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that any comments made by you and transmitted to us through your use of the website will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You also agree to be truthful in your communications with us, to not make any fraudulent statements or commit any fraudulent act, and that you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the authenticity, source, or meaning of any comments or information you supply to us through your use of the Site. By using the Site, you understand, acknowledge, and agree to be solely responsible for any comments that you make, or information you supply to us, and warrant to us the accuracy of those comments and information. We assume no responsibility as to the truthfulness or accuracy of any information submitted you and assume no liability to you or to any third-party, for any comments or information posted or provided by you to us through your use of the Site.
V. ACCOUNTS
To use certain online services provided by us on the Site or elsewhere, you may need to create an account with us and/or one or more of our affiliates. If you create an account, you agree that you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account secure, your password private, and that you will not share such information with others; and (e) that you will notify Oakdale FES if you discover or suspect that your account has been misused, compromised, hacked, or breached in any way. To the extent you fail to do any of the foregoing, and that results in damage to us or others, you may be held liable for losses incurred by Oakdale FES or any other user or visitor of the Site.
Additionally, you are not authorized by Oakdale FES to use anyone else’s account or account information, including their e-mail address, password, or any other account identifiers without the express written consent of the account’s owner, and Oakdale FES. Likewise, you are not authorized to permit or allow anyone else to use your account, or account information, without Oakdale FES’s prior express written consent. By using this Site, you acknowledge and agree that Oakdale FES assumes no responsibility and will not be held liable for any loss or damage arising from your failure to comply with any of these terms relating to your account or the accounts of others.
VI. DISCLAIMER
OAKDALE FES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE YOU WITH ANY CONVENIENCE, VALUE, BENEFIT, OR ANY SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS INFORMATIONAL ONLY AND SUBJECT TO CHANGE WITHOUT ADVANCE NOTICE. OAKDALE FES DOES NOT WARRANT OR GURANTY THE SAFETY OR SECURITY OF ANY INFORMATION THAT YOU PROVIDE TO US ON THE SITE. OAKDALE FES CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. BY USING THE SITE, YOU DO SO AT YOUR OWN RISK. OAKDALE FES HEREBY DISCLAIMS ANY AND ALL WARRANTIES, IN ANY WAY RELATED TO ITS SITE OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
This disclaimer applies to any and all damages, claims, demands, disputes, liability, costs, expenses, or injuries caused by, arising out of, or related to, to your use of the Site.
Oakdale FES reserves the right to, at any time and without advance notice, and at its sole discretion, do any of the following: (i) modify, suspend or terminate operation of or access to the Site, or any portion of the Site; and (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms.
VII. ENTIRE AGREEMENT
Oakdale FES has made no other promises or representations to you other than those contained in these Terms. Any and all other written or oral agreements or understandings previously arising or existing between User and Oakdale FES with respect to User’s use of the Site are hereby revoked and superseded by these Terms.
VIII. SEVERABILITY AND WAIVER
If any provision of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the balance of these Terms will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
IX. INJUNCTIVE RELIEF
User acknowledges that any breach of these Terms or the unauthorized use of Oakdale FES’s intellectual property will result in serious and irreparable injury to Oakdale FES for which damages may not adequately compensate Oakdale FES. User agrees, therefore, that, in addition to any other remedy that Oakdale FES may have, Oakdale FES shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.
X. DISPUTE RESOLUTION
Oakdale FES seeks to resolve any dispute related to these Terms without formal litigation. As such, in the event of any controversy or dispute between Oakdale FES and you arising out of or in connection with your use of the Site, Oakdale FES and you each agree that they shall attempt, promptly and in good faith, to resolve any such dispute informally, and without court intervention. If, however, the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation for resolution. If, and only if the dispute cannot be resolved through mediation, or if one of the parties refuses to proceed to mediation or fails to meaningfully respond to a request to do so within a reasonable time, then the parties may proceed to litigation of its claims and seek any right or remedy available to them under applicable law.
XI. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with these Terms shall be in the Federal or State court with competent jurisdiction located in or closest to Stanislaus County, California. By using the Site, you agree to this choice of law provision and voluntarily agree to this venue provision and to submit yourself to the jurisdiction of the Federal and California State courts sitting in or closest to Stanislaus County, California.
PRIVACY POLICY
The following terms and conditions constitute the privacy policy (hereinafter the “Policy”) of the Festa do Divino Espirito Santo of Oakdale, a California corporation, together with all of its parent companies, subsidiaries, and related affiliates (collectively referred to herein as “we,” “us,” “our,” or “Oakdale FES”), with respect to the website Oakdalefes.com and its related webpages (referred to herein as the “Site”). Oakdale FES respects the privacy of its members and the users of its site (collectively referred to herein as “you,” “your,” or “User”). This Policy explains how we collect, safeguard, use, and disclose data and information transmitted by you or collected from you when you access the Site. By using the Site, you are agreeing to allow us to collect, store, use, transmit, or disclose your data and information consistent with the terms of this Policy.
I. Types of Information Collected
When you access the Site, create an account with us, browse or rent services or facilities, contact us (including to provide feedback), or otherwise interact with us through your use of the Site or otherwise, we may collect a variety of information from you, or from devices from which you communicate with us or access the Site, including the following:
Account Information. Data and information relating or pertaining to your account with us, including but not limited to, any information voluntarily provided by you in setting up or maintaining your account such as your username and password, email address, your internet protocol (IP) address, and your account activity and status.
Personal Contact Information. Personal contact information, including but not limited to, your name, email address, physical address, mailing address, telephone number(s), usernames, social media accounts and information, and IP addresses for devices that you use to access our Site.
Transaction Information. Data and information pertaining to items browsed by you, or transactions entered into by you while accessing the Site, including credit or debit card information, bank account information, and information transmitted by companies which you may use to enter into transactions on our site (e.g., PayPal, Venmo, Apple Pay, etc.)
Other Information That You Provide. Data and information voluntarily provided by you or derived from your communications with us or through social media.
II. How We Use Your Information
We use your information to improve our organization and the services we offer to our members and the public in the following ways:
Improve the Site. We collect personal data necessary to improve the appearance, accessibility, and capability of the Site, by collecting data and information about how the Site is accessed and in what manner, to better market our services for you and our members and the general public.
Process Customer Transactions. We collect account information, contact information, transaction and personal data, as necessary to process and streamline rental and other transactions facilitated using the Site.
Respond to Communications. We collect personal contact and social media information and data from you so that we can better communicate with you, request feedback from you, offer you discounts or other rental or purchase incentives, provide you with information about your rental transactions, purchases or other products, and to assess your experience or interaction with the Site.
Security. We collect account, personal and transaction information in order to safeguard your account information, and to protect our members, customers, employees, and Oakdale FES from fraudulent activity or unauthorized access to, or misuse of, your information.
Compliance with Law. We collect account, personal and transaction information to comply with all applicable laws and regulations governing the use of such information and to comply with our legal reporting obligations and law enforcement requests.
III. Sharing Your Data
Oakdale FES does not sell your personal information. We may share your information with third-party service providers, to help us operate the Site and our organization, including financial institutions, credit card companies, and payment processors and shipping companies. We may also share your information, when necessary, to comply with our legal obligations.
IV. Do Not Track Features
Some browsers have a “do not track” option that lets you tell websites that you do not want to have your online activities tracked. The Site does not have the capability to respond to “do not track” signals. However, you may adjust your cookies and other tracking preferences in your browser settings to limit the data collected and stored as a result of your use of the Site. We do not track our members or customers’ access to websites other than the Site.
V. California Privacy Rights
If you are a resident of the State of California, you have specific rights regarding your personal information under the California Consumer Privacy Act. California customers have the right to opt out of the sale or sharing of their personal information by Oakdale FES, the right to require that Oakdale FES delete any personal information stored, and a right not to be discriminated against for exercising these rights. We do not sell the personal information of any of our customers, including those from California.
California consumers may exercise their rights either directly or through an authorized agent. If you would like to contact Oakdale FES to exercise your rights, please refer to the contact information in section VI. We may require that you verify your identity for security purposes and to prevent fraud. Such information may include, but is not limited to, your name, contact information, and information related to your transactions or relationship with Oakdale FES. In the event that you request that we delete your personal information, we will permanently delete your personal information from our systems which will permanently render it unrecoverable to us. We will also remove any personal information that may otherwise help us to identify you.
VI. Contact Oakdale FES
If you have questions about the Policy or would like to exercise your rights under this Policy, please contact us at:
Oakdale FES
190 N. Lee Avenue
Oakdale, CA 95361
VII. Changes to This Policy
Oakdale FES reserves the right to update this Policy, at our discretion, to reflect changes in our practices and policies, or for other operational, regulatory, or legal reasons. We will notify you of any changes by updating the “Last Updated” date on this Policy.
Last Updated: August 11, 2025