Terms of Use
INTRODUCTION
This Terms and Conditions of Use Agreement (herein "Agreement" or "Terms of Use") constitutes a legally binding agreement between you and The Brian Westbrook Foundation, Inc. (herein "Foundation," "we," "our," or "us"), a Maryland non-profit organization. This Agreement contains the complete terms and conditions that govern your use of our Website located at “www.brianwestbrookfoundation.com” (the "Website") and all related services.
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access or use the Website.
The Foundation reserves the right to modify these Terms of Use at any time without prior notice. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms of Use periodically.
2. ACCESS TO THE WEBSITE
The Foundation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms of Use. We reserve the right to terminate your access to the Website at any time without notice for any reason whatsoever.
3. USE OF WEBSITE
You agree to use the Website only for lawful purposes and in a manner that does not infringe upon or restrict the rights of any third party. You further agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You also agree to conduct yourself with decency, properly, and you agree to refrain from harassment or any other improper conduct towards and third party or the Foundation.
4. FOUNDATION PROGRAMS AND SERVICES
4.1 Equestrian Programs and Horse-Riding Lessons. The Foundation offers various equestrian programs and horse-riding lessons, among other charitable programs and endeavors. Participation in these programs may be subject to additional terms, conditions, and waivers that must be agreed to separately prior to your participation. Information about these programs provided on the Website is for general informational purposes only and does not constitute a binding offer or guarantee of availability. The Foundation reserves the right to cancel, reschedule, or otherwise terminate any project, program, or initiative of the Foundation without prior notice and at the Foundation’s sole discretion.
4.2 Summer Camps. The Foundation offers summer camps for children, young adults, and adults. Registration for summer camps is subject to additional terms, conditions, and waivers that must be agreed to separately. Information about summer camps provided on the Website is for general informational purposes only and does not constitute a binding offer or guarantee of availability. The Foundation reserves the right to cancel, reschedule, or otherwise terminate any project, program, or initiative of the Foundation without prior notice and at the Foundation’s sole discretion.
4.3 Donation Policies. The Foundation accepts donations through the Website buy clicking the “Donate” button on the Website. By donating, you agree to the following terms (1) All donations are voluntary and non-refundable, (2) the Foundation will use donations to support its charitable mission and programs in any manner that the Foundation sees fit and in compliance with all charitable laws, rules, and regulations at the Foundation’s sole discretion, (3) the Foundation reserves the right to decline any donation at its sole discretion, (4) for tax purposes, the Foundation will provide appropriate documentation for donations as required by law, and (5) the Foundation may acknowledge donations publicly unless the donor requests anonymity.
5. NO CO-BRANDING OR FRAMING
You may not use any meta tags or any other "hidden text" utilizing the Foundation's name or trademarks without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Foundation without our express written consent.
6. NO UNLAWFUL ACCESS
You agree not to attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Foundation server, or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate means.
7. PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without the Foundation's prior written consent.
8. PROPRIETARY INFORMATION
All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Foundation or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of the Foundation and is protected by United States and international copyright laws.
9. SUBMISSIONS
By submitting any material to the Website, including but not limited to comments, feedback, suggestions, ideas, or photographs ("Submissions"), you hereby grant to the Foundation a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions (in whole or part) and to incorporate them in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or otherwise control all rights to the Submissions and that public posting and use of your Submissions by the Foundation will not infringe or violate the rights of any third party.
10. HYPERLINKING
The Website may be hyperlinked to and by third party websites or media which are not maintained by, or related to, the Foundation. Hyperlinks to such third-party websites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with the Foundation. The Foundation has not reviewed any content posted on such third-party websites and is not responsible for the content of those websites or media platforms. The Foundation is not responsible for webcasting or any other form of transmission received from any hyperlinked third-party websites. Hyperlinks are to be accessed at your own risk, and the Foundation makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the third-party websites hyperlinked to the Website.
11. USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. You agree that when using the Communication Services, you will not:
a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b) publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
f) conduct or forward surveys, contests, pyramid schemes, or chain letters;
g) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
i) Restrict or inhibit any other user from using and enjoying the Communication Services;
j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; or
k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. RIGHT TO TERMINATE SERVICES
The Foundation reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
13. DISCLOSURE UNDER LAW
The Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Foundation's sole discretion.
The Foundation may preserve and store your account information and content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Foundation, its users, or the public.
14. PERSONALLY IDENTIFIABLE INFORMATION
The Foundation's collection and use of personally identifiable information is governed by our Privacy Policy, which is incorporated into these Terms of Use by reference.
15. DISCLAIMER & LIMITATIONS ON LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE WEBSITE ARE PROVIDED BY THE FOUNDATION ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE FOUNDATION'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE FOUNDATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
16. INDEMNITY
You agree to indemnify, defend, and hold harmless the Foundation, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
17. TRADEMARKS AND COPYRIGHTS
All trademarks, service marks, and trade names of the Foundation used on the Website are trademarks or registered trademarks of the Foundation. Other trademarks, service marks, and trade names appearing on the Website may be the property of their respective owners. The Foundation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Foundation's copyright agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the Website;
d. Your address, telephone number, and e-mail address;
e. 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;
f. 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.
The Foundation's copyright agent for notice of claims of copyright infringement can be reached at asoler@solersalva.com c/o Albert J. Soler, Esq.
18. SECURITY
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password and for all uses of your account. The Foundation reserves the right to monitor the security of user accounts and to change passwords if deemed necessary.
19. DISPUTES
If there is any dispute about or involving these Terms of Use, the Website, or the Foundation, you agree that the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in [COUNTY NAME] County, Maryland.
20. MISCELLANEOUS
20.1 Severability. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.
20.2 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Foundation as a result of these Terms of Use or use of the Website.
20.3 Entire Agreement. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Foundation with respect to the Website.
20.4 No Waiver. The failure of the Foundation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20.5 Headings. The section titles in the Agreement are for convenience only and have no legal or contractual effect.