Effective Date: September 15, 2016
We collect two basic types of information from you in conjunction with your use of the Sites, personal information and non-personal information.
Personal information is information that you may supply to us, as described more fully below, i.e., when you subscribe, place an order, complete a survey, register for a Site or any part thereof, enter a contest, upload content, participate in a community, or provide your e-mail address. Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information.
Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Sites and the Internet.
NORMAL WEBSITE USAGE
The LA84 Foundation has a firm commitment to internet privacy. You can visit most portions of our Sites without telling us who you are and without revealing any personal information.
Collection of Personal Information From or Through Social Media Sites
When you interact with any LA84 Foundation property page or account on a social media platform, such as Facebook, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms. If you choose to link or login to your LA84 Foundation account with or through a social networking service, LA84 Foundation and that service may share certain information about you and your activities. With your consent, we also may share information about your activities, including what you view on the Sites, with that social network’s users.
Collection and Use of Personally Identifiable Information
The LA84 Foundation may collect email addresses and other personally identifiable data about you when such data is voluntarily submitted to our Sites. There are a number of circumstances in which you may supply us with your personal information. The following lists the most common ways in which we may collect your personal information.
- Registration for an account on the Sites
- Sign up to receive e-mail newsletters or e-mail alerts from us
- Request for customer service or other assistance
- Participation in surveys, panels, or market research
- Participation in special events and promotions
- Purchases on the Sites, including subscriptions to the LA84
- Foundation publications and services
- Placing an order
- Making a donation, joining, or renewing your LA84 Foundation membership
- Entry in contests or sweepstakes
- Participation on social media accounts involving the LA84 Foundation, our Sites and our brands
- Participation in communities, chat rooms and comment threads, other fora, and other interactive services
- Submission of user generated content on any part of the Sites that permit it
- Any other place on the Sites where you knowingly volunteer personal information
For example, our Sites may require submission of personally identifiable data for visitors to request information, products, and services, or to become a member of the LA84 Foundation or join other LA84 Foundation activities or programs. Such information is used to send information about the LA84 Foundation to our visitors. Financial information is used to bill visitors in connection with their orders. Some of the functions of our site may also require registration of personal information. We use this information to make these functions more effective and provide participants with additional information about issues related to youth sports. If you submit personally identifiable information to the LA84 Foundation some information, such as your name and mailing address, may be exchanged with other organizations. Members may opt out of such membership list exchanges by following the Opt-Out Procedures, below
Collection and Use of Non-Personally Identifiable Information
We may also collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Sites (“Non-Personal Information”). We may collect and store any of the following categories of Non-Personal Information:
- Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information
- Device information about your computer, mobile device, or other device that you use to access the Sites. This information may include IP address, geolocation information, unique device identifiers, device type, browser type, browser language, and other transactional information.
- Analytics and usage information about your use of the Sites.
- Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring website addresses.
- Other information regarding your use of the Sites.
Collection of Your Source IP Address/Location Information
We may also collect and store location information about you on the Sites and associated with your account that you volunteer on the site or enable through the site. We also collect and store your computer’s source IP address which may disclose the location of your computer at the time you access the Sites.
Is Personal Information Collected From Children?
Unless otherwise disclosed during collection and with parent or guardian consent (for instance, in some of the educational areas on our Sites), LA84 Foundation does not knowingly collect personal identifiable information from children under 13 years of age. If you are under 13 years of age you should not provide personally identifiable information to the LA84 Foundation without providing us with consent from your parents. If the LA84 Foundation discovers that a child under the age of 13 has provided the LA84 Foundation with personally identifiable information and we do not have parental consent, the LA84 Foundation will immediately delete that child’s information from the Sites.
HOW DO WE USE YOUR INFORMATION
We use the information we learn from you to help us personalize and continually improve your experience on the Sites. We may use your Personal and Non-Personal Information in the following ways:
- Provide you with the content, products and services you request
- Track your purchases and donation information
- Post your user generated content to our Sites as you request
- Communicate with you about your account or transactions with us and send you information about features and enhancements on or to our Sites
- Communicate with you about changes to our policies
- Communicate with you about your comment to a story or topic
- Personalize content and experiences on our Sites, including providing you recommendations based on your preferences
- Send you newsletters, offers and promotions for our products and services, third party products and services, or special events by e-mail, text, or other another medium
- Provide you with advertising including advertising based on your activity on our Sites or activity on third party sites and applications
- Administer contests, sweepstakes, promotions, and surveys
- Optimize or improve our products, services and operations
- Detect, investigate, and prevent activities that may violate our policies or be illegal
- Perform statistical, demographic, and marketing analyses of users of the Sites and their purchasing patterns
Combination of Your Personal Information
We use the information from one portion of the Sites on other portions of Sites in our network of Sites, all of which are owned and operated by the LA84 Foundation, and we may combine information gathered from multiple portions of the Sites into a single user record. We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your records.
Disclosure to Third Parties
We occasionally have third parties perform services on our behalf, such as data processing, marketing, analytics, advocacy and outreach, hosting, billing, social media integration, fraud protection, etc. These third parties have access to your personal information only as needed to perform their services for the LA84 Foundation and are contractually obligated to maintain the confidentiality and security of the personal information.
We may disclose or share Non-Personal Information (or other information, other than Personal Information) in any other manner that we deem appropriate or necessary. Among other things, we will disclose Non-Personal Information to third parties to help us determine how people use parts of the site and who our users are so we can improve our site. We will also disclose Non-Personal Information to our partners and other third parties about how our users collectively use the site.
Retention of User Information
Following termination or deactivation of your account, LA84 Foundation, its affiliates, or its service providers may retain information (including your profile information) and any submitted for a commercially reasonable time for backup, archival, and/or audit purposes.
The LA84 Foundation uses industry accepted data collection and encryption methodologies in an attempt to ensure the secure collection and transmission of sensitive user information. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
“Remember me” feature
On some of our forms, we offer an optional “remember me” feature that can recall your information for greater ease on subsequent visits to the site.
YOUR OBLIGATIONS TO KEEP YOUR ACCESS RIGHTS SECURE
You promise to: (a) provide true, accurate, current and complete information as prompted by a Site’s registration form, order form or otherwise (such information being the “User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the LA84 Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the LA84 Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password(s) and account(s). Furthermore, you are entirely responsible for any and all activities that occur under your account(s).
WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?
WHAT ABOUT CONTESTS, SWEEPSTAKES, OR GAMES?
PUBLIC AREAS, CHAT ROOMS, REVIEWS, AND COMMUNITY AREAS
Please remember that any information you share in public areas, such as message boards, feedback sections or campaign sites, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any Personal Information that you expect to keep private. Please consult the applicable guidelines, if any, for use of our chat rooms and other community areas for more information.
NOTICE TO NON-US USERS
CHANGES TO THIS POLICY
YOUR CALIFORNIA PRIVACY RIGHTS
OPT-OUT, CORRECTION, AND “UNSUBSCRIBE” PROCEDURES
To opt out of having your information exchanged with other organizations, or to correct any information, send us email or postal mail as follows:
Email to [email protected]
Send postal mail to:
2141 West Adams Blvd.
Los Angeles, CA 90018
In your letter or email, make sure to give us your:
- Full Name
- Mailing address (including City, State and Zip Code)
- Indication that you do not wish to have your information exchanged with other organizations, or correction instructions.
You can also call us at 323-730-4600
The LA84 Foundation may contact you by email to communicate advocacy and educational messages, and other information that may be of interest to users of this site. There are several ways in which you can opt-out of receiving such future email communications from us:
We provide you with the opportunity to opt-out at the point where we request information from you, such as when you take action through our site.
When you set up an account on our Member Center, you also have the opportunity to specify the email subscriptions that you wish to receive or not receive. You can update your email subscription preferences through your account at the Member Center at any time. We also permit you to correct or update certain personal information that you have provided by editing your profile on your account at the Member Center.
You also have an opportunity to opt-out of receiving future email communications from us by following the “unsubscribe” or “remove” instructions contained in emails we send you.
We may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, renewal of your membership, contests you have entered or other transactions you have undertaken.
USE OF MATERIALS ON THE SITES
The LA84 Foundation maintains the Sites for your personal information, education, and communication. Please feel free to browse our Sites. All materials on our Sites, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, “Content“), except for User Submissions, are the sole property of the LA84 Foundation, its licensors, vendors, agents and/or its Content providers. The exclusive rights to all Content on the Sites are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with the LA84 Foundation’s mission to encourage public discourse and activism regarding conservation of the natural environment. Accordingly, unless particular Content is specifically restricted as noted on the Sites, it is the LA84 Foundation’s policy to allow limited reproduction and distribution of the Content, excluding User Submissions (see below), posted on our Sites as follows: You may copy, reproduce and distribute Content from the Sites, excluding User Submissions, provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Content was reproduced from a LA84 Foundation website with permission of the LA84 Foundation; (3) all copies include the following notice “©2016 LA84 Foundation. All Rights Reserved.” or other copyright notice as set forth on the materials copied; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Notwithstanding the foregoing or anything else in these Terms and Conditions, except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any third party copyrighted material that is available on the Sites. Provided you comply with all of these conditions, the LA84 Foundation grants you a non- exclusive, nontransferable license to use the Content included on the Sites solely as provided herein and as limited by our rights in any Content not produced by LA84 Foundation.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Content on our Sites, without prior written authorization from the LA84 Foundation (and, as applicable, any third party copyright owners of such Content). To request such permission from the LA84 Foundation, send an email with the details of your specific request to [email protected].
All trademarks, service marks and trade names of LA84 Foundation (including, but not limited to, the LA84 Foundation name, any logos, the Sites’ names, the Sites’ design, LA84 Foundation Books, LA84 Foundation Productions, the tagline “Life Ready Through Sport”, Student Athletes in Motion aka SAM-bassadors, and all other names of LA84 Foundation programs referenced herein or on the Sites) (collectively, the “Marks”) are registered or common law trademarks of the LA84 Foundation. In no event may the Marks be reproduced separately from the textual content associated with them on the Sites.
You shall not use our name or any language, pictures or symbols which could, in LA84 Foundation’s judgment, imply LA84 Foundation’s endorsement, including without limitation in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without LA84 Foundation’s prior written consent. Unauthorized use of any Marks may be a violation of federal and state law.
If you download software from the Sites in order to use the Content as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the software“) is licensed to you by the LA84 Foundation. The LA84 Foundation does not transfer the title to you. You own the medium on which the software is recorded, but the LA84 Foundation retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
YOUR USER SUBMISSIONS TO THE SITES
You and other users of the Sites may submit information, text, photographs, graphics, videos, or other material or create and maintain profiles, pages or campaigns (collectively, “User Submissions“) to or on the Sites.
User Submissions do not represent the views of LA84 Foundation or any individual associated with LA84 Foundation, and we do not control this content. LA84 Foundation does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the LA84 Foundation expressly disclaims any and all liability in connection with User Submissions. In no event shall you represent or suggest, directly or indirectly, LA84 Foundation’s endorsement of User Submissions. LA84 Foundation does not vouch for the accuracy or credibility of any User Submissions on our Sites, including without limitation [WEBSITE NAME], and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on our Sites. Through your use of the Sites and Services, 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 our Sites, you assume all associated risks.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to the Sites, you hereby grant LA84 Foundation an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the LA84 Foundation may sublicense all or part of its rights under this license or assign them to third parties.
LA84 Foundation may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. LA84 Foundation has the right, but not the obligation, to monitor the Sites for inappropriate content. You are solely responsible for any User Submission you post on the Sites.
We welcome and respect your opinions, even if we don’t agree with them. We ask that you welcome and respect our opinions and those of other visitors to the Sites. Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don’t be vulgar. The DON’T’S below are intended to keep each Site a safe, informative, and constructive community for all those who visit it. Please understand and comply with them in this spirit.
You agree not to submit, upload or post any User Submission to the Sites which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a LA84 Foundation employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
LA84 Foundation reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and LA84 Foundation and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate LA84 Foundation to sell, license or offer to sell or license any advertising, promotion or distribution rights.
NOTICE OF CLAIMS FOR COPYRIGHT INFRINGEMENT
In operating the Sites, we may act as a “services provider” (as defined by the Digital Millennium Copyright Act (“DMCA”)) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. LA84 Foundation has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites. LA84 Foundation has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of LA84 Foundation or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms & Conditions. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
Please provide us with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Sites, with enough detail that we may find it on the Sites;
- Your address, telephone number, and email address;
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
PRODUCT ORDERS OR SERVICES
You may only purchase products or services which appear on the Sites and are delivered to an address located in the United States. You may only purchase products or services for personal use. LA84 Foundation makes no promise that products or services available on the Sites are appropriate or available for use in locations outside the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item or service purchased from the Sites. Details of the products and services available for purchase are set out on the Sites. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products and services, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products will be available at any time. By placing an order, you represent that the products or services ordered will be used only in a lawful manner. All digital media and similar products or services sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Returns and exchanges for any purchases or services made through the Sites will be as disclosed at the time of purchase.
For all charges for any products and services sold on the Sites, LA84 Foundation will bill your credit card or alternative payment method offered by LA84 Foundation.
The Sites have security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Sites cannot be guaranteed by the LA84 Foundation. The LA84 Foundation shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the Sites.
ACCOUNT REGISTRATION AND SECURITY
You may need to create an account to access some features or areas of the Sites. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify the LA84 Foundation immediately if you suspect any unauthorized use of your account. Although LA84 Foundation will not be liable for any unauthorized use of your account, you may be liable for the losses of LA84 Foundation or others due to such unauthorized use.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (1) take anythat imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (3) bypass any measures we may use to prevent or restrict access to the Sites.
The LA84 Foundation has not reviewed all of the sites linked to the Sites and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Sites, whether or not they are affiliated with the LA84 Foundation. Such linked sites are for your convenience only and you access them at your own risk. If you use these links, you will leave the Sites. The LA84 Foundation makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our Sites does not constitute endorsement by the LA84 Foundation of the owner of the other site, the content of its site, or its products or services.
REPRESENTATIONS & WARRANTIES
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting User Submissions to the Sites, you represent and warrant that the User Submissions is your original work. In connection with User Submissions, you further affirm, represent and warrant the following: (i) the User Submission does not violate any agreement between you and a third party; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license rights set forth herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and these Terms & Conditions, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by these Terms & Conditions; (v) you are not, and have not been an agent of LA84 Foundation and were not and are not acting on behalf of, or as a representative of, LA84 Foundation or any other party in connection with the User Submission; (vi) the User Submission and LA84 Foundation’s use thereof as contemplated by these Terms & Conditions and the Sites will not infringe any rights of any third party, including but not limited to any rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity, or violate any law; (vii) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm LA84 Foundation or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
You agree that you will, at your own expense, defend, indemnify, and hold harmless the LA84 Foundation and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
ALL CONTENT ON THE SITES IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE LA84 FOUNDATION DOES NOT WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE LA84 FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL LA84 FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEB SITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LA84 FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE LA84 FOUNDATION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE LA84 FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES. IN NO EVENT SHALL LA84 FOUNDATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES.THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THE SITES.
Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any outdoor activity described on the Sites, it is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity description, and that you have proper training, equipment, and physical conditioning to safely participate in the planned activity. LA84 Foundation and contributors to the Sites are not responsible for any harm to persons or property that results from your use of the Sites, including without limitation, use of any content on the Sites.
You agree to defend, indemnify and hold harmless the LA84 Foundation, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Sites.
The materials on the Sites are presented solely for promotional purposes in the United States. The Sites are operated under the supervision of the LA84 Foundation from its offices within the state of California. LA84 Foundation products are available in many parts of the world. However, the Sites may describe products that are not available worldwide. The LA84 Foundation does not warrant or represent that materials on the Sites are appropriate or available for use in other locations. If you choose to access the Sites from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from the Sites in violation of United States export controls.
You agree that the Sites shall be deemed solely based in California, and that the Sites shall be deemed passive websites that do not give rise to personal jurisdiction over LA84 Foundation, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to the Sites shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Central District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of the Sites and supersedes any prior understandings or agreements (written or oral). These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the LA84 Foundation
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by LA84 Foundation without restriction.
The LA84 Foundation has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms & Conditions, including without limitation the right to terminate a user’s account for repeat infringements of copyrighted material. In addition, LA84 Foundation reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
If you do not understand any of the foregoing Terms & Conditions or if you have any questions or comments, we invite you to contact us by email at [email protected] or by phone at 323-730-4600.