General Terms & Conditions Disclaimer of Use
By using the MERRELLFAMILYFOUNDATION.ORG Web Site, users agree to be bound by the following terms of use.
Terms and Conditions
General:
Your use of this World Wide Web Site (the “Web Site”) is subject to the following terms and conditions of use (the “Terms”). You agree to the Terms by accessing this Web Site or accepting the information from this Web Site. Merrell Family Foundation, Inc. (the “Company”) reserves the right in its sole discretion to change the Terms, and your continued use of this Web Site after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on the Web Site at the time of any visit, you should therefore periodically visit this page to review the current Terms to which you are bound.
No Other Contract:
Except for these Terms and Conditions, no statement on the Web Site constitutes a contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement on the Web Site is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any advertising relationship, of the Company.
Content:
The information and features included in this Web Site, including, but not limited to text, graphics, information, images, trademarks, service marks and copyrightable works (the “Content”) have been compiled from a variety of sources, are for informational purposes only, are not intended to be nor do they constitute legal or medical advice, and are subject to change at any time without notice. However, this Web Site and all Content it contains are provided “AS IS.” By using or linking to this Web Site, you assume the risk that the Content on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. This Web Site contains content provided by third-parties. The Company does not warrant or guarantee the accuracy, availability or completeness of this information. Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
No Medical Advice; No Representations or Warranties:
The Content provided by Company is for informational and educational purposes only. Company is not a medical provider and does not offer medical advice. Your use of the Web Site and Content does not establish a doctor/physician-patient relationship, and the Web Site, Content or any related services are not a substitute for seeking medical advice, diagnosis or treatment. The Web Site and the Content provided by Company is not intended to treat, diagnose, cure or prevent any disease. All information contained on this site is intended for educational and informational purposes only. This information is not to be taken as medical or other health advice pertaining to a specific health or medical condition. You should always seek the advice of a qualified medical professional before implementing anything discussed on the Web Site and through the Content. For medical advice, contact your doctor or a quailed medical professional. In the case of a medical emergency or suicidal thoughts, immediately call 911. The Content is intended to be general in nature, and your specific circumstances may render the Content inapplicable to you. There may be medical or other health or planning considerations applicable to your situation that are not taken into account by Company in the Content. Prior results described in any Content do not guarantee or predict a similar outcome with respect to your particular situation. The Company does not recommend or endorse any specific tests, physicians, hospitals, medications, procedures, opinions or other information that may be mentioned on the Web Site. Company makes no promises, guarantees, representations or warranties, express or implied, about the Content, including but not limited to any promise, guaranty, representation or warranty about the accuracy and completeness of the Content or regarding any outcome or result following your use of the Content. Company is not liable or responsible for any errors or omissions in the Content. Neither Company nor its employees, agents, shareholders, officers, directors, consultants, partners or donors are liable or responsible for your use of or reliance on the Content or for any claims, losses or damages (including but not limited to tort claims, breach of contract claims and negligence claims) that arise or result from the Content or from your use or non-use of the Content.
Third Parties:
The Company may make suggestions to you regarding services offered by third parties, and may provide links to third party sites. The Company does not endorse or approve of any such third parties and is not responsible for any services or information provided to you by such third parties. Additionally, this web site contains content provided by third parties. The Company does not warrant or guarantee the accuracy, availability or completeness of this information. Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
Copyright and Trademark Information/Restrictions on Use of Web Site:
This Web Site and all of the Content it contains, or may in the future contain is the property of the Company its affiliate companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions and other copyright laws.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of the Company its affiliates, its licensors and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Content displayed on the Web Site without the written permission of the Company or such third-party that may own the relevant Trademarks or Content. Your misuse of the Trademarks or Content on the Web Site except as provided in these Terms, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate.
Forums:
The personal information you submit to the Company is governed by the Company’s Privacy Policy (“Privacy Policy”). To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Company may make available to users of this Web Site, e-mail notices, blogs, newsletters, chat rooms, message boards, bulletin board services, or other interactive facilities by means of this Web Site, including the opportunity to upload content to the Web Site (collectively, the “Public Forums”). Company cannot review all communications made on or through the Web Site. Company reserves the right, but has no obligation, to monitor the Public Forums and to edit, modify or delete any material which Company in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Company policy.
[Acceptable Conduct:
You agree not to post any threatening or defamatory content on the Web Site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of user of the Web Site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this Web Site or server, or a third party web site or server. You agree not to transmit or post Submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing employment service for the sports industry or otherwise, without User Sublicenses the prior written consent of Company. You agree not to upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting any communications or content to the Web Site you agree that such submission is non-confidential for all purposes. If you wish to keep any information, ideas, concepts or other communications private or proprietary, do not submit them to the Company or this Web Site in any manner or form.]
User Submissions:
You agree to only post or upload media (like photos, videos or audio) on or to the Web Site that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Web Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
By uploading any media on the Web Site like a photo or video, (a) you grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Company to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in such media; and (c) you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in the document. The Company reserves the right to review all media prior to submission to the Web Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.]
Changes in Service:
The Company may modify, suspend, discontinue (temporarily or permanently), restrict the use of, this Web Site at any time and without notice or liability. The Web Site may also be temporarily unavailable due to maintenance or malfunction of computer equipment. You agree the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Web Site.
Privacy:
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to this Site by electronic mail or otherwise will be used by the Company in accordance with the Site’s Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
Children’s Privacy:
The Web Site and its Content is not intended or designated to attract children under the age of 13. The Company does not collect personally identifiable information from any person actually known to be under the age of 13.
Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Export Control:
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the United States has embargoed goods; or anyone in the United States Treasury Department’s list of Specially Designated Nationals or to the U.S. Commerce Department’s Table of Deny Order. The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Disclaimers/Limitations on Liability:
The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any information, facts, views, opinions, statements and recommendations contained in this Web Site. Reference to any product, process, publication or service of any third-party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by the Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.
The Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Web Site. The Company is not responsible for the content or performance of any portion of the Internet other than the www.merrellfamilyfoundation.org domain, including other Web Sites to which this Web Site may be linked or from which this Web Site may be accessed. Such links are provided only as a convenience and not as an endorsement of the content on such third-party web sites. Users are requested to inform the Company of any errors or inappropriate material found on Sites to which this Web Site is or may be linked. The Company reserves the right, in its sole discretion, to terminate a link with any Web Site, which it deems inappropriate or inconsistent with this Web Site. The Company is not responsible for the content of linked third-party sites and does not make any representations, warranties or covenants regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the terms and conditions of use for such sites.
COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Disclaimer of Liability for Third-Party Content and Links:
You agree that the Company is not responsible and will not be held liable for any third-party content on the Web Site or any third-party content, products or services available on other Web Sites accessed through links from the Web Site. Links to third-party Sites are for your convenience only, and their inclusion on the Company Web Site does not imply an endorsement, guarantee, warranty or representation by the Company.
Rights Reserved / Change in Terms:
Any rights not expressly granted herein are reserved. The Company reserves the right to make changes to these terms and conditions at any time and for any reason. Notices to you, including notices of changes to these terms, may, at the Company’s discretion, be made either by E-mail, regular mail or by displaying the notices or links to notices on the Company Web Site. All such changes will become effective 10 days after posting of such notice. Your continued use of the Web Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.
Additional Provisions:
The Company may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice.
Access to this Web Site may be monitored. The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring and the Company’s reuse of such collected information. In addition, any information submitted to the Company through this Web Site is considered non confidential.
By using this Web Site, you agree to indemnify, hold harmless and defend the Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third-party that is based on your use of this Web Site in violation of these Terms.
These Terms shall be construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or in which the Terms or the Site are a material fact.