1. BINDING EFFECT. This is a binding agreement. By using the Internet sites located at cameronchampfoundation.org and mackchampinvitational.com (the “Sites”), you agree to abide by these Terms of Use, as they may be amended by the Cameron Champ Foundation (the “Foundation”) from time to time in its sole discretion. The Foundation will post a notice on the Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Sites. YOU AGREE THAT BY USING THE SITES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. The Foundation respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Foundation’s current privacy policy can be found at the Sites. The Foundation’s privacy policy is expressly incorporated into this Agreement by this reference.
3. RESTRICTIONS ON USE OF CONTENT. The Sites contain a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Sites (“Content“). Much of the Content on the Sites is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms. YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITES TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Sites are controlled by us from our offices within the United States of America. If you choose to access these Sites from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Sites in violation of U.S. export laws, regulations or the Terms.
4. USER CONTENT. You grant The Foundation a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Sites, you are granting The Foundation, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of The Foundation, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that The Foundation may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. FEEDBACK; YOUR LICENSE TO US. We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our charitable mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to the Foundation (as defined below) in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to the Foundation. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Sites or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Sites or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, “License to the Foundation” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the Foundation to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting the Foundation’s charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Sites or the Content. The License to the Foundation is in addition to any (if any) that you may be required to provide under any separate agreement between us and you (including grants or other agreements).
7. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Foundation reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Sites, and, if applicable, to delete any such material from its servers. The Foundation intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
8. COPYRIGHT INFRINGEMENT. The Foundation has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites. The Foundation has adopted a policy that provides for the immediate suspension and/or termination of any user of our sites who is found to have infringed on the rights of The Foundation or of a third party, or otherwise violated any intellectual property laws or regulations. The Foundation’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Foundation to delete, edit, or disable the material in question, you must provide The Foundation with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Foundation to locate the material; (d) information reasonably sufficient to permit The Foundation to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to The Foundation’s designated agent at:
Joe Lum
Cameron Champ Foundation
12657 Alcosta Blvd, Suite 400
San Ramon, CA 94583
[email protected]
9. ALLEGED VIOLATIONS. The Foundation reserves the right to terminate your use of the Sites. To ensure that The Foundation provides a high quality experience for you and for other users of the Sites, you agree that The Foundation or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sites. The Foundation does not intend to disclose the existence or occurrence of such an investigation unless required by law, but The Foundation reserves the right to terminate your account or your access to the Sites immediately, with or without notice to you, and without liability to you, if The Foundation believes that you have violated any of the Terms of Use, furnished The Foundation with false or misleading information, or interfered with use of the Sites by others.
10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Sites or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Sites, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
11. NO WARRANTIES. THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES. THE FOUNDATION IS MAKING THE SITES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FOUNDATION DOES NOT WARRANT THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. THE FOUNDATION’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE FOUNDATION. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. EXCLUSIVE REMEDY; DAMAGE LIMITATION. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY THE FOUNDATION OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITES, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.
14. AFFILIATED SITES. The Foundation has no control over, and no liability for any third party websites or materials. The Foundation works with a number of partners and affiliates whose Internet sites may be linked with our Sites. Because neither The Foundation nor the Sites has control over the content and performance of these partner and affiliate sites, The Foundation makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and The Foundation assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that The Foundation makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
15. PROHIBITED USES. The Foundation imposes certain restrictions on your permissible use of the Sites. You are prohibited from violating or attempting to violate any security features of the Sites, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Sites; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Foundation in providing the Sites. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify The Foundation for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Foundation, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Foundation will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. COPYRIGHT. All contents of the Sites are: Copyright © 2020 Cameron Champ Foundation and Copyright © 2020 Mack Champ Invitational. All rights reserved.
18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Contra Costa County, California in all disputes arising out of or related to the use of the Sites.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. LEGAL AND OTHER NOTICES OR DISCLOSURES. NOTICE TO YOU: You agree that we may give all notices we are required to give you by posting notice on the Sites or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Sites.
Notice to Us (Our Legal Notices Address): We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following:
Cameron Champ Foundation
420 Aviation Blvd, Suite 201
Santa Rosa, CA 95403
Attn: Ronald Wargo
707-543-4900
Notice: No Harvesting or Dictionary Attacks Allowed. The Foundation will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Foundation personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks. The trademarks used in the Sites are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Sites may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Sites or in any Content. All rights are reserved.
Notice of Availability of Filtering Software. We do not believe that the Sites contain materials that would typically be the subject of filtering software and minors are not authorized to visit our Sites. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
21. NO LICENSE. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Foundation or by any third party.
22. CALIFORNIA USE ONLY. The Sites are controlled and operated by The Foundation from its offices in the State of California. The Foundation makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites should not be construed as The Foundation’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
23. MODIFICATIONS. The Foundation may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites; and (c) discontinue the Sites at any time. The Foundation shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.
24. ACKNOWLEDGEMENT. BY ACESSING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Effective Date: March 5, 2020