Moyer Foundation - Terms of Use

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY THIRD PARTY HOSTED SITE FOR WHICH THESE TERMS APPLY.

These Web site terms of use (“Site Terms”) apply to your access to, and use of, (a) all or part of The Moyer Foundation’s (“The Moyer Foundation,” “we,” “our,” or “us”) Web site located at www.moyerfoundation.org, including and any other site, mobile application or online service where these Site Terms are posted (collectively, the “Moyer Site”); and (b) any third party site authorized by The Moyer Foundation to host The Moyer Foundation’s content (a “Hosted Site”, and together with the Moyer Site, the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with The Moyer Foundation for services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and The Moyer Foundation for violations of these Site Terms. These Site Terms contain disclaimers and other provisions that limit our liability to you.

1. Changes to Site Terms

The Moyer Foundation reserves the right to change or modify these Site Terms, any policy or guideline of the Sites or any content contained in the Sites or Services offered through the Sites at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Site Terms and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

2. Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, The Moyer Foundation and Camp Erin logos, and all designs, text, graphics, user interfaces, visual interfaces, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of The Moyer Foundation or its licensors or users and are protected by U.S. and international copyright laws and various other intellectual property rights. You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you (a) do not remove any proprietary notice language in any copies of such documents; (b) use such information for your own personal, non-commercial informational purposes; (c) do not copy, post, distribute or public display any Site Materials in any other media; (d) make no modifications to any such information; (e) do not use any data mining, robots or similar data gathering or extraction methods; (f) do not download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly provided on the Sites; and (g) do not use the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of The Moyer Foundation, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

The Moyer Foundation®, Camp Erin®, The Moyer Foundation and Camp Erin logos and any other product or service names, trademarks or slogan contained in the Sites are trademarks of The Moyer Foundation and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Moyer Foundation or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “The Moyer Foundation” or any other name, trademark or product or service name of The Moyer Foundation without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Moyer Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray The Moyer Foundation, Camp Erin or any of its or their products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any logo or other proprietary graphic of The Moyer Foundation to link to the Sites without the express written permission of The Moyer Foundation. Further, you may not frame or utilize framing techniques to enclose The Moyer Foundation’s trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without The Moyer Foundation’s express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Moyer Foundation or any third party. The Moyer Foundation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites linking to the Sites.

5. Third Party Content

The Moyer Foundation may provide third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”). Additionally, The Moyer Foundation may use third party hosting services to display its content to users on a Hosted Site, and Third Party Content may be available or displayed in connection with such Hosted Site. The Moyer Foundation does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Moyer Foundation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Web sites accessible from the Sites, or Web sites linking to the Sites. The Moyer Foundation does not represent or warrant the accuracy of any information contained in any third party Web site and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party Web site through the Sites, you do so at your own risk.

You acknowledge and agree that any materials, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Sites, The Moyer Foundation or The Moyer Foundation’s products or services that are provided by you in the form of email or other submissions to The Moyer Foundation (including, without limitation, through the Sites) (“Feedback”) are non-confidential and shall become the sole property of The Moyer Foundation, and you hereby assign to The Moyer Foundation all right, title and interest you may now or hereafter have in such Feedback. The Moyer Foundation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. User Content and Interactive Areas

The Moyer Site may include or may direct its users to a Hosted Site’s discussion forums, user generated content or other interactive areas or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites (“User Content”). You are solely responsible for your use of the Interactive Areas and use them and the User Content at your own risk. Furthermore, your use of any Hosted Site may be governed by terms of use in addition to these Site Terms. If you post User Content to the Moyer Site or any Hosted Site, unless we indicate otherwise, you grant The Moyer Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Moyer Site or Hosted Site. You also grant The Moyer Foundation and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites: (a) any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) unsolicited promotions, political campaigning, advertising or solicitations; (f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) viruses, corrupted data or other harmful, disruptive or destructive files; and (h) any User Content that, in the sole judgment of The Moyer Foundation, would otherwise restrict or inhibit any other person from using or enjoying the Interactive Areas or the Sites, or which may expose The Moyer Foundation or its users to any harm or liability of any type.

By posting User Content, you represent and warrant that (i) you own and control all of the rights to the User Content that you post or you otherwise have the legal right to post such User Content to the Sites; (ii) the User Content is accurate and not misleading; and (iii) use and posting of the User Content you supply does not violate these Site Terms or any third party terms of use applicable to any Hosted Site and will not violate any rights of or cause injury to any person or entity.

The Moyer Foundation takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Moyer Foundation liable for any statements, representations or User Content provided by any users of the Moyer Site or any Hosted Site, or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although The Moyer Foundation has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, The Moyer Foundation reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at The Moyer Foundation’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.

Following the termination of this Agreement for any reason, the User Content posted in the Interactive Areas may be permanently deleted, and The Moyer Foundation has no liability of any kind for any such deletion or removal. Further, The Moyer Foundation has no liability of any kind for any User Content that is lost, deleted or destroyed by any third party hosting services. The Moyer Foundation may retain archived copies of your User Content, cached copies may still be available for some period of time following the removal or deletion of the User Content by you or us, and our license will continue with respect to any offsite uses that have already been made. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

Any use of any Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect The Moyer Foundation’s systems and customers, or to ensure the integrity and operation of The Moyer Foundation’s business and systems, The Moyer Foundation may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Moyer Foundation’s right to disclose any such information shall govern over any contrary terms of The Moyer Foundation’s Privacy Policy.

8. Eligibility; Registration Data; Account Security

You may be required to create an account (an “Account”) to access the Interactive Areas. You must be 13 years of age or older to access and use the Interactive Areas. If you are 13 or over, but are under the age of 18, you agree to review these Site Terms with your parents or guardian and ensure they read and agree to them. If you are the parent of guardian of a user of our website and you have questions about this website or these Site Terms, please contact us at Lynette@moyerfoundation.org.

By creating an Account or otherwise using the Interactive Areas, you represent that you are at least age 18 and agree to these Site Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these Site Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Interactive Areas. Only one person may use an Account.

When creating an Account and a user identity (“User ID”) (whether through the Moyer Site or a Hosted Site) you agree to (a) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (b) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.

Further, you may be required to create an Account in connection with your use of a Hosted Site in order to post content to an Interactive Area within a Hosted Site. You agree to comply with the terms and conditions with respect to such Account when registering with such third party.

The Moyer Foundation is not responsible for any misuse of your Account or your User ID. You are responsible for maintaining the confidentiality and security of your User ID and password. You agree to accept all risks of unauthorized access to your Account.

9. Privacy Policy

Please refer to our Privacy Policy for information on how The Moyer Foundation collects, uses and discloses personally identifiable information from its users.

10. Indemnification

You agree to defend, indemnify and hold harmless The Moyer Foundation, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, your conduct with respect to the Sites, your violation of these Site Terms, your violation of the rights of any third party or any improper use of your Account or User ID, including, without limitation, improper use by someone to whom you revealed your password.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE MOYER FOUNDATION, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MOYER FOUNDATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, THE SERVICES, THE INFORMATION, CONTENT AND ALL OTHER MATERIALS IN THE SITES. THE MOYER FOUNDATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES, THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE MOYER FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE SITES (INCLUDING, WITHOUT LIMITATION, ANY HOSTED SITE OR THIRD PARTY CONTENT USED OR AVAILABLE IN CONNECTION THEREWITH) OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

IN NO EVENT SHALL THE MOYER FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES (INCLUDING, WITHOUT LIMITATION, ANY PORTION OF THE HOSTED SITE), THE SERVICES, THE CONTENT (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT) OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE MOYER FOUNDATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE MOYER FOUNDATION’S RECORDS, PROGRAMS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOYER FOUNDATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE MOYER FOUNDATION FOR ACCESS TO OR USE OF THE SITES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

13. Applicable Law; Venue

These Site Terms and your use of the Sites (except as may otherwise be specified in any Hosted Site terms of use with respect to your misuse of any Hosted Site) shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for The Moyer Foundation, we can terminate or suspend your right to use the Sites. In addition and without limiting any third party service providers rights with respect to a Hosted Site, The Moyer Foundation reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites at any time.

15. Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Site Terms.

16. Questions & Contact Information

Questions or comments about the Sites may be directed to The Moyer Foundation at the email address Lynette@moyerfoundation.org or by calling us at (206) 298-1217.