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Terms of Use
Agreement Between user and 12th Man Foundation
The 12th Man Foundation Web Site is comprised of various Web pages operated by
12th Man Foundation.
The 12th Man Foundation Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the 12th Man Foundation Web Site constitutes your agreement to all
such terms, conditions, and notices.
Modification of These Terms of Use
12th Man Foundation reserves the right to change the terms, conditions, and notices
under which the 12th Man Foundation Web Site is offered, including but not limited
to the charges associated with the use of the 12th Man Foundation Web Site.
Links to Third Party Sites
The 12th Man Foundation Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of 12th Man Foundation
and 12th Man Foundation is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. 12th Man Foundation is not responsible for webcasting
or any other form of transmission received from any Linked Site. 12th Man Foundation
is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by 12th Man Foundation of the site or any
association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the 12th Man Foundation Web Site, you warrant to
12th Man Foundation that you will not use the 12th Man Foundation Web Site for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the 12th Man Foundation Web Site in any manner which could damage,
disable, overburden, or impair the 12th Man Foundation Web Site or interfere
with any other party's use and enjoyment of the 12th Man Foundation Web Site.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the 12th Man Foundation Web Sites.
Use of Communitaion Services
The 12th Man Foundation Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations.
12th Man Foundation has no obligation to monitor the Communication Services.
However, 12th Man Foundation reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
12th Man Foundation reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
12th Man Foundation reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in 12th Man Foundation's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. 12th Man Foundation does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, 12th Man Foundation specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized
12th Man Foundation spokespersons, and their views do not necessarily reflect
those of 12th Man Foundation.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
Materials Provieded to 12th Man Foundation or Posted at Any 12th Man Foundation
Web Site
12th Man Foundation does not claim ownership of the materials you provide to
12th Man Foundation (including feedback and suggestions) or post, upload, input
or submit to any 12th Man Foundation Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting 12th Man Foundation, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. 12th Man Foundation is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in 12th Man Foundation's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE 12th Man Foundation WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 12th Man Foundation
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 12th Man Foundation
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE 12th Man Foundation WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
12th Man Foundation AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 12th Man Foundation
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 12th Man Foundation AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 12th Man Foundation AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 12th Man Foundation
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE 12th Man Foundation WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE 12th Man Foundation WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE 12th Man Foundation WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF 12th Man Foundation OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE 12th Man Foundation WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 12th Man Foundation
WEB SITE.
SERVICE CONTACT : majorgifts@12thmanfoundation.com
Terminiation/Access Restriction
12th Man Foundation reserves the right, in its sole discretion, to terminate
your access to the 12th Man Foundation Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the 12th Man Foundation Web Site. Use of the 12th Man Foundation Web
Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and 12th Man Foundation as a result of this agreement or use
of the 12th Man Foundation Web Site. 12th Man Foundation's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of 12th Man Foundation's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the 12th Man Foundation Web Site or information provided to or gathered
by 12th Man Foundation with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and 12th Man Foundation with respect to the 12th Man Foundation
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and 12th Man Foundation
with respect to the 12th Man Foundation Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be drawn up in
English.
Copyright and Trademark Notices:
All contents of the 12th Man Foundation Web Site are: Copyright © 2006 12th Man Foundation and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization, product,
person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
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