WEBSITE TERMS OF USE AGREEMENT
Welcome to our website, https://www.jljfoundation.org/ (“Website”). The Jody Lynne Jackman Foundation, a
nonprofit registered in Nevada (the “Foundation” or “We”) maintains this Website as a service to Our customers.
By using the Website, you are agreeing to comply with and be bound by the following terms of use (“Terms”).
Please review the following terms carefully. If you do not agree to these Terms, you should not review
information or obtain goods or products from this Website.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use
Agreement (”Agreement”) with respect to our Website. This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Website, the content, products or
services provided by or through the Website, and the subject matter of this Agreement. This Agreement
may be amended at any time from time to time by us without specific notice to you. The latest Agreement
will be posted on the Website, and you should review this Agreement prior to using the Website. - Intellectual Property.
2.1. All intellectual property on the Website (except for User Content, as defined below) is
owned by the Foundation or its licensors, which includes materials protected by copyright, trademark,
trade dress or patent laws. All trademarks, service marks and trade names (e.g., the Foundation name
and logos) are owned, registered and/or licensed by the Foundation. All content on the Website (except
for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos,
sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective
work under the United States and other copyright laws and is the proprietary property of the Foundation,
its licensors, vendors, agents and/or its Content providers; All rights reserved. Except as authorized under
the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material
that is available on the Website. For purposes of this Agreement, the use of any such material on any
other website or networked computer environment is prohibited. You shall comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
The Website may only be used for the intended purpose for which such Website is being made available.
Except as may be otherwise indicated in specific documents within the Website, you are authorized to
view, play, print and download documents, audio and video found on the Website for personal,
informational, and noncommercial purposes only.
2.2. Copyright. The content, organization, graphics, design, compilation, digital conversion
and other matters related to the Website are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Website, except as allowed by Section 4 , is
strictly prohibited. You do not acquire ownership rights to any content, document or other materials
viewed through the Website. The posting of information or materials on the Website does not constitute a
waiver of any right in such information and materials. - Trademarks. Jody Lynne Jackman Foundation, TEAL, “Together Educating, Advocating,
Leading,” and others are either trademarks or registered trademarks of the Foundation. Other product and
company names mentioned on the Website may be trademarks of their respective owners. - Use Restrictions. You may use the Website only for your own non-commercial, training and/or
educational use. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame,
reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content
appearing on the Website, including User Content (defined below), without the Foundation’s prior written
consent, unless it is your own User Content that you legally post on the Website. You agree not to use
any data mining, robots, scraping or similar data gathering methods. Nothing in this Agreement shall be
interpreted as granting any license of intellectual property rights to you. - User Content.
5.1. “User Content” includes communications, materials, information, data, opinions, photos,
profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds,
reviews and any other content that you and/or other Website users post, upload to, or otherwise make
available on or through the Website. User Content does not represent the views of the Foundation or any
individual associated with the Foundation, and we do not control User Content. In no event shall you
represent or suggest, directly or indirectly, the Foundation’s endorsement of User Content. the Foundation
does not vouch for the accuracy or credibility of any User Content on our Website and does not take any
responsibility or assume any liability for any actions you may take as a result of reading User Content on
the Website. Through your use of the Website, you may be exposed to Content that you may find
offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with
underage persons, people acting under false pretense, international trade issues and foreign nationals.
By using the Website, you assume all associated risks.
5.2. User Content is not confidential or proprietary. You grant, and warrant that you have the
right to grant, to the Foundation a non-exclusive, non-revocable, worldwide, transferable, royalty-free,
perpetual right to use your User Content in any manner or media now or later developed, for any purpose,
commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create
derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
5.3. You are prohibited from using the Website to post or transmit any User Content which
infringes or may infringe third party intellectual property rights or which is threatening, false, misleading,
inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or
which could constitute or encourage conduct that would be considered a criminal offence, violate the
rights of any party or which may otherwise give rise to civil liability or violate any law.
5.4. You agree to indemnify, defend, and hold harmless the Foundation, its affiliates, officers,
directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities,
expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any
way to your User Content, your use of Content, your use of the Website, your conduct in connection with
the Website or with other Website users, or any violation of this Agreement, any law, or the rights of any
third party.
- Rights You Grant Us. Users own all of the User Content provided to us, but you also grant us the
right to use User Content as provided in this Agreement.
6.1. By submitting User Content, you grant to the Foundation a worldwide, perpetual,
transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce,
adapt, edit, publish, translate, modify, and distribute User Content, including any information you authorize
us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any
format or medium currently known or developed in the future. Our license to User Content shall be non-
exclusive, except that our license shall be exclusive with respect to derivative works created through use
of our Services.
6.2. In addition, so that we can prevent the use of User Content outside of our Services, you
authorize us to act on your behalf with respect to infringing uses of User Content taken from our Services
by other users or third parties. This expressly includes the authority, but not the obligation, to send notices
pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if User Content is taken
and used by third parties outside of our Services. We are not obligated to take any action with regard to
use of User Content by other users or third parties. Our license to User Content is subject to your rights
under applicable law (for example, laws regarding personal data protection to the extent the content
contains personal information as defined by those laws).
6.3. In consideration for us allowing you to use our Services, you agree that we, our affiliates,
and our third-party partners may place advertising on our Services. By submitting suggestions or
feedback to us regarding our Services, you agree that we may use and share such feedback for any
purpose without compensating you.
6.4. You agree that we may access, preserve, and disclose your account information,
including User Content, if required to do so by law or upon a good faith belief that such access,
preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these
Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your
requests for customer service; or (v) protect the rights, property or personal safety of the Foundation or
any other person.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Website. - Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, ”Affiliated Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Website. - Nontransferable. Your right to use the Website is not transferable. Any password or right given to
you to obtain information or documents is not transferable. - Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE WEBSITE IS
PROVIDED ”AS IS,” ”AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER
ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION. - Use of Information. We reserve the right, and you authorize us, to use and assign all information
regarding Website uses by you and all information provided by you in any manner consistent with our
Privacy Policy. - Third-Party Services. We allow access to or advertise third-party merchant sites (”Merchants”)
from which you may purchase certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. - Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Other Policies. Our Privacy Policy, Cookie Policy, and other policies, as they may change from
time to time, shall be considered a part of this Agreement and incorporated by this reference as if fully set
forth herein. - Payments. You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes. - Links to Other Websites. The Website contains links to other websites. We are not responsible
for the content, accuracy or opinions express in such websites, and such websites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked Web Website on our
Website does not imply approval or endorsement of the linked Web Website by us. If you decide to leave
our Website and access these third-party websites, you do so at your own risk. - Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
17.1. An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
17.2. A description of the copyrighted work that you claim has been infringed;
17.3. A description of where the material that you claim is infringing is located on the
Website;
17.4. Your address, telephone number, and e-mail address;
17.5. A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
17.6. A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Mark Borghese who
can be reached as follows:
By mail:
Borghese Legal, Ltd.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
T: (702) 382-0200
F: (702) 382-0212
www.borgheselegal.com
- Information and Press Releases. The Website contains information and press releases about
us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or
obligation to update this information or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon as being provided or endorsed by
us. - Miscellaneous. This Agreement shall be treated as though it were executed and performed in
Clark County, Nevada and shall be governed by and construed in accordance with the laws of the State of
Nevada without regard to conflict of law principles). Any cause of action by you with respect to the
Website (and/or any information, products or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. All actions shall be subject to the
limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as
tin accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely in Las Vegas, Nevada. You expressly
submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should
any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full force and effect. To the extent that
anything in or associated with the Website is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.