Last Updated: November 12, 2013
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 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.
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.
(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.
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.
Regular Postal Mail:
The Sheckler Foundation
1011 Calle Amanecer
San Clemente, CA 92673
Telephone: (949) 542-3079, Monday through Friday, 9:00AM - 5:00PM Pacific Time.