Kiwanis Division 26

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TERMS & CONDITIONS AGREEMENT:

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN BOTH YOUR USE OF THIS SITE AND ANY PURCHASES AND OR TRANSACTIONS THAT YOU MAKE THROUGH THE SALES ORGANIZATION(S), AFFILIATES OR PARTNERS OF THE KIWANIS DIVISION 26 ("DIVISION 26"); AND ARE LEGALLY BINDING ON YOU. PLEASE READ THESE TERMS CAREFULLY - IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. FURTHER, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AS THEY RELATE TO PURCHASES OR TRANSACTIONS THAT YOU OR YOUR COMPANY MAKE BY WAY OF DIVISION 26'S SALES ORGANIZATION(S), DO NOT COMPLETE THOSE TRANSACTIONS. YOUR INTERACTIONS WITH DIVISION 26 AND YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

 

GENERAL USE RESTRICTIONS

 

Restricted Use

 

DIVISION 26 provides to users personalized and updated information regarding telecommunications products and services ("Services") through its site on the World Wide Web (the "Site"). You must be a natural person, 18 years or older, and a legal resident of the United States to use this Site. You represent and warrant that you are of sufficient legal age to use the Site and to enter into the binding legal obligations you may incur as a result of use of the Site. You agree to be financially responsible for any liability you may incur as a result of using the Site. Your use is limited to your personal non-commercial use. You agree that you will not use any robot, bot, spider, or other automatic or manual device or process to monitor or copy any pages on the Site. Additionally, you may not take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.

 

Copyright Notice

 

The Site design, graphics, images, text, information, documents, products and services provided or offered on the Site, including the selection and arrangement of such items, are the copyrighted work(s) of DIVISION 26 or its licensors (the "Materials").

 

DIVISION 26 grants you a limited, personal, non-exclusive and non-transferable license to display the Materials only on your personal computer and to print in hard copy portions of this Site for the sole purpose of placing an order with DIVISION 26 or using this Site as a shopping resource for Services. Any other use of Materials on this Site - including reproduction for purposes other than those noted above, modification, distribution, or republication - without the prior written permission of DIVISION 26 is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Except as stated herein, you acknowledge that you have no right, title to or interest in the Materials on any legal basis.

 

Third Party Content

 

Certain information and content available on the Site may be provided by third parties under license to DIVISION 26 ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Without the consent of the applicable third party licensor, you shall only have the right to display the Third Party Content on your personal computer and to view such content for your personal use.

 

Software

 

All software used on this Site is the property of DIVISION 26 or its licensors, and such software is protected by U.S. copyright laws and international treaties. Any use of the software other than as required to navigate the Site and utilize the functionality offered through the Site is expressly prohibited. No right to copy, distribute (in any manner through any means including without limitation rent, sales, lease, loan, or transfer), publicly display, publicly perform or modify the software accessible on the Site is granted, or may be implied by these Terms. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the source code to the software without the express written permission of DIVISION 26 and/or its licensors, as applicable.

 

No Framing

 

You agree not to "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of DIVISION 26 or its licensors, as applicable.

 

Third Party Interaction

 

Your use of the Site is free and does not obligate you to purchase Services. If you do purchase Services, DIVISION 26 is not responsible for the actual transaction between you and the provider of such Services ("Provider"), even if DIVISION 26 may process your request for the Services for you. The price and other terms of any sale remain subject to the terms of the agreement between you and the Provider. DIVISION 26 has no control over the quality of the Services, or the truth or accuracy of the information, representations, warranties, promotions or advertisements about the Services. You release DIVISION 26 from all claims demands and damages arising out of or related to the Services, and you agree that DIVISION 26 has no liability, obligation or responsibility for such Services.

 

Links to Third Party Sites

 

This Site may be linked by DIVISION 26 to other sites which are not under the control of or maintained by DIVISION 26. You acknowledge that DIVISION 26 is providing these links to you only as a convenience, and further agree that DIVISION 26 is not responsible for the content or links displayed on such sites.

 

Password Restricted Areas of the Site

 

Certain areas of the Site may be password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to immediately notify DIVISION 26 if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You further agree to immediately notify DIVISION 26 of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You agree that you are entirely responsible for any and all activities which occur under your account.

 

Unauthorized Activities

 

Any failure to comply with this Agreement, any unauthorized use of any Materials or Third Party Content, any fraud or abuse relating to the purchase of Services, or any misrepresentation of any information furnished to DIVISION 26 or any Provider by you may result in your inability to use the Site and / or any of DIVISION 26's services as determined by DIVISION 26 in its sole discretion, in addition to any damages or other remedies available at law or in equity. As such, you agree to indemnify and hold DIVISION 26, its affiliates, agents, co-branders, and partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by DIVISION 26 in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

 

Disclaimer of Warranties

 

The Material and Third party Content that appears on the Site is for informational purposes only and does not constitute an endorsement. You use this site at your own risk, and acknowledge and agree that this Site may include certain inaccuracies or typographical errors which may affect the quality of the Materials and the Third Party Content. Before subscribing or purchasing any Services described in such Material or Third Party Content, you should confirm with the Provider of such Services any information, including but not limited to price, that is important to your decision. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by DIVISION 26, and agree that DIVISION 26 does not warrant the accuracy of the Materials or the Third Party Content, and further agree that DIVISION 26 has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by DIVISION 26 or its licensors.

 

Due in part to the volume of Providers and promotions concerning the Services and rapid changes in such Services, the information provided to you on the Site by DIVISION 26 may not be complete and timely. Moreover, although updates may be provided to you concerning Services even after selection, DIVISION 26 does not warrant the completeness, accuracy, or timeliness of this information, and you agree that you are solely responsible for confirming such information and determining whether your agreement with the Provider restricts in any way your ability to act on such updated information.

 

DIVISION 26, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, OR THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVISION 26 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL DIVISION 26 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF DIVISION 26 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Exclusions

 

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

 

Local Laws; Export Control

 

DIVISION 26 controls and operates this Site from its headquarters in the United States of America, and all Materials, Third Party Content, and Services are solely directed to individuals located in the United States. DIVISION 26 makes no representation that the Materials, Third Party Content, and/or Services are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable laws and regulations, including but not limited to the export laws and regulations of the United States and the import laws and regulations of other countries in relation to the Materials, Third Party Content, and Services.

 

General

 

DIVISION 26 does not actively monitor your use of the Site. However, in its efforts to promote good citizenship within the Internet community, if DIVISION 26 becomes aware of inappropriate use of the Site or any DIVISION 26 service, DIVISION 26 will respond in any way that, in our sole discretion, we deem appropriate. You acknowledge that DIVISION 26 will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, DIVISION 26 will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

 

You agree that DIVISION 26, its licensors and the Providers, may make improvements and/or changes in the Services, Materials, or Third Party Content at any time without notice. You further agree that DIVISION 26 can revise these Terms at any time without notice by updating this posting. You agree that your continued use of DIVISION 26's various services and this Site, after such modifications have been made, constitutes your acceptance of such revised Terms. It is your responsibility to check this Terms and Conditions page of the Site regularly to determine whether the Terms have been modified.

 

Any action related to these Terms will be governed by Washington law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in King County, in the State of Washington, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

 

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of DIVISION 26 to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DIVISION 26 in writing. The Terms comprises the entire agreement between you and DIVISION 26 and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

 

Trademarks

 

KIWANIS DIVISION 26 and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of DIVISION 26. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

ALL OTHER RIGHTS IN THE MATERIALS, THIRD PARTY CONTENT, AND SOFTWARE WHICH ARE NOT EXPRESSLY GRANTED TO YOU ARE RESERVED TO DIVISION 26 AND/OR ITS LICENSORS.

 

By using the Site, you are stating that you have read and understand the Terms of Use, and that you agree to be bound by the Terms of Use as provided, and as DIVISION 26 may update from time to time, with or without notice to you.