Terms

THE SHECKLER FOUNDATION TERMS OF USE

Last Updated:  November 12, 2013

This website is owned and operated by The Sheckler Foundation, a non-profit corporation (sometimes referred to in this website as “TSF,” “we” or “us”).  TSF offers this website, including all information, software, programs, products and services available from this website or offered as part of or in conjunction with this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated in these Terms of Use and TSF’s Privacy Policy.  Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

YOUR USE OF TSF WEBSITE:  This website is only for personal and noncommercial use by you and other visitors.  As a condition to your use of the website, you warrant to TSF that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.  If you use this website, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur in connection with your account or password.

WEBSITE ACCURACY, COMPLETENESS AND UPDATES:  We strive to provide accurate information on our website, but we are not responsible if information we make available on this website is not accurate, complete or current.  The Materials on this website are provided for general information only, and you should not rely on or use them as a basis for making decisions without your consulting primary or more accurate, more complete or more up-to-date sources of information.  Any reliance on the Materials on this website is at your own risk.  This website may contain certain historical information, which is provided for your reference only and may not be current.  TSF reserves all rights to modify the contents of this website as it sees fit at any time, but we have no obligation to update any information on the website.  You agree that it is your responsibility to monitor changes to the website or to changes in the industries related to those in which TSF is active.

USE OF MATERIALS FROM THE WEBSITE:  This website and all of its contents, including, but not limited to, text, software, files, graphics, photographs, videos, music, data, code, etc. (collectively, “Material” or “Materials”) are the property of and owned by TSF and/or its affiliates, contractors, partners or licensors and are protected by copyright, trademark and other laws of the United States and other countries.  You may display and electronically copy, download and print hard copy versions of the Materials contained on the website for your personal and noncommercial use, on the condition that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Materials you display, copy, download or print.  When you display, copy, download or print any Materials on or from the website, they are provided to you by TSF and/or its affiliates, contractors, partners or licensors under a license that is revocable.  TSF and its affiliates, contractors, partners and licensors retain full and complete rights in and title to the Materials.  Any other use of the Materials, including, but not limited to, the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, sale or other transfer of, or the creation of derivative works from, any Materials, information, software, programs, products or services obtained from or through the website, without the prior written consent of TSF, is expressly prohibited.  Requests for TSF’s consent to carry out any of these uses or activities should be mailed to:

The Sheckler Foundation
1011 Calle Amanecer
San Clemente, CA  92673

Your use of any software available on this website is governed by the terms of the end user license agreement (a “License Agreement), if any, that is included with, or that generally must be agreed to before use of, the software.  You may not install or use any software without first agreeing to the terms of such License Agreement.  For any software not accompanied by a License Agreement, TSF hereby grants to you a personal, nontransferable license to use the software for viewing and other personal, noncommercial purposes within the scope of use of such software contemplated by TSF pursuant to these Terms of Use, and for no other purpose.  Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms of Use.

YOUR SUBMISSIONS:  All remarks, suggestions, ideas, text, graphics, photographs, videos, music and other information and materials that are communicated to TSF through this website (collectively, the “Submissions”) will forever be the property of TSF and will not be returned to you.  You acknowledge that you are responsible for any Submissions you make, including the legality, reliability, appropriateness, originality and copyright of any such Submissions.  You may not upload to, distribute or otherwise publish through this website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.  You may not upload commercial content onto the website.  TSF will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product, service, program or advertising ideas) and will not incur any liability or fault of any kind whatsoever as a result of any similarities between your Submissions and any Materials that may appear on the website or in past, existing or future operations, programs, products or services of or related to TSF.  TSF will be entitled to use the Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submissions.  You warrant to TSF that you own whatever Submissions you make to TSF and that use of your Submissions by TSF will not infringe or violate the rights of any third party, and you will indemnify, defend, save and hold harmless TSF and its employees, agents, affiliates, partners, contactors, licensors and third-party content providers, and their officers, directors, employees, agents, contractors and licensors, from and against any all Claims arising out of or related to the aforementioned use of your Submissions by TSF.

DISCLAIMERS:  YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME WITHOUT NOTICE.  TSF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:  THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR; THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSF OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.  TSF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY:  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER TSF NOR ANY OF ITS AGENTS, EMPLOYEES, AFFILIATES, PARTNERS, CONTRACTORS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US.  THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN GROSSLY NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION:  You agree to indemnify, defend, save and hold harmless TSF and any of its employees, agents, affiliates, partners, contractors, licensors or third-party content providers, and their officers, directors, employees, agents, contractors and licensors, from and against all claims, demands, actions, proceedings, suits, stop notices, losses, liabilities, expenses, damages and costs whatsoever, including, but not limited to, reasonable attorneys’ fees, experts’ fees and court costs (collectively, “Claims”), arising from or related to any violation of these Terms of Use or any activity related to your internet account or password (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the website using your internet account or password.  If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all Claims arising or resulting from that disruption.

FEATURED LINKS:  This website may contain hyperlinks to other internet sites.  These hyperlinks are provided for your information and convenience only.  TSF does not control these other websites and is not responsible for their content; nor does TSF’s inclusion of hyperlinks to such websites imply any endorsement or approval of the content on such websites or any association with their operators.  Check the URL address provided in your browser to determine whether you are still in this TSF website or have moved to another website.

LINKING:  TSF encourages and permits linking to content on our website.  Linking should not suggest that TSF promotes or encourages any third party’s causes, ideas, websites, programs, products or services.  Linking should not use TSF content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.  TSF reserves the right to withdraw permission for any link at any time.

PLEASE BE AWARE:  By copying or downloading any of the Material from the TSF website, including, but not limited to, the TSF name, logo, links bearing our name or logo or using our products or services via the internet, you agree to the terms and conditions set forth in these Terms of Use and any terms and conditions that may be outlined elsewhere on our website.  Without limiting any other terms or conditions, the permission to use the aforesaid TSF website, name, logo, Materials, products and/or services is subject to the following:

(1)  Use of the name or logo, or links bearing the name or logo, may not indicate or create an impression that TSF endorses, approves, sponsors or is affiliated with your programs, products, services or your website.

(2)  Your use of the name or logo, or links bearing the name or logo, may not indicate or create an impression that TSF will benefit from the sale of any program, product or service.

(3)  Links bearing the name or logo may only be used for the purpose of linking to the TSF website as designated within the link.

(4)  The links bearing the name or logo will always be active links.

(5)  The name or logo, or links bearing the name or logo, may not be combined with any other graphic elements; nor may they be altered in any manner, whether it be with the size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.

(6)  The name or logo, or links bearing the name or logo, may not appear more prominently than your personal, company, program, product or service website name.

(7)  Neither you nor your employees, agents, contractors or affiliates will transfer, assign, sell, reproduce, distribute or otherwise exploit our name or logo or your link to us.

(8)  The TSF name or logo, or links bearing the name or logo, may not appear on any pages of any websites that include content or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material or firearms.

(9)  Appropriate action by TSF may include, but is not limited to, the revocation of the right to use the name and logo and/or any links bearing the name and logo, in which event you agree to remove the name and logo and/or the links bearing the name and logo within 2 business days of notice of revocation.

COPYRIGHT:  Except for material in the public domain under United States copyright law, all Material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws.  Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, sell or offer to sell any Material contained on or obtained through the website without the prior consent of the copyright owner.  Violation of this provision may result in severe civil and criminal penalties.

TRADEMARKS:  “The Sheckler Foundation” and other trade names, service names, trademarks and service marks used on this website are trademarks or registered trademarks of TSF and its affiliates and are protected by state and federal trademark laws.  Other trademarks appear on the website with permission from their respective owners.  Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil and criminal penalties.

TERMINATION OF PRIVILEGES:  TSF reserves the right to terminate your privilege of using all or any portion of this website at any time and without notice to you if, in TSF’s sole judgment, you breach any of these Terms of Use, including all of your privileges or accounts that you may have established in connection with the website.

CHANGES TO THE TERMS OF USE:  TSF reserves the right to make changes to these Terms of Use at any time by posting the revised Terms of Use on the website.  It is your responsibility to check periodically for any changes we may make to these Terms of Use.  By using the website, you agree to the Terms of Use as they may be or may have been amended.

JURSIDICTION:  TSF is a Delaware non-profit corporation; hence, the law of the State of Delaware will govern these Terms of Use and your use of the website.  This website is controlled and operated by TSF from its office in San Clemente, California, USA, and you irrevocably consent to the exclusive jurisdiction of the applicable state and federal courts located in the County of Orange, State of California, for any action to enforce these Terms of Use.  We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access.  This website has been designed to comply with the laws of the States of California and Delaware and of the United States of America.  Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.  If any Material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website.  You may not use or export Materials on this website in violation of United States export laws and regulations.  This website is not intended to subject TSF to the laws or jurisdiction of any state, country or territory other than the laws of the State of Delaware and the state and federal courts located in Orange County, California.

MISCELLANEOUS:  If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.  These Terms of Use constitute the entire agreement and understanding between you and TSF with respect to access to or use of the website, superseding all prior or contemporaneous communications, whether oral or written.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to access to or use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Information provided on or through the TSF website or any its affiliates, partners, contractors, licensors or other third-party content providers is provided with the understanding that TSF is not rendering professional advice or recommendations.  You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

HOW TO CONTACT US:  If you have any questions or comments about these Terms of Use or this website, please contact us by any of the following methods:

Regular Postal Mail:   The Sheckler Foundation
                                       1011 Calle Amanecer
‚Äč                                       San Clemente, CA  92673

E-Mail:  info@shecklerfoundation.org

Telephone:  (949) 542-3079, Monday through Friday, 9:00AM - 5:00PM Pacific Time.

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