SGA Alumni Association Terms of Use and Agreement

Purpose
1. The Terms of Use and Agreement outlines and prescribes the requirements set forth to use the Sun God Archery Alumni Association (the “Association”) internet properties. Agreement to those terms and uses is required by all visitors to the Association’s internet properties, otherwise those users but immediately terminate use of those properties.
Scope
1. The Association Terms of Use and Agreement applies to any person or persons visiting Association internet property, whether they are a member of the Association or not.
Reference Documents
1. BD020 Association Waiver Guidelines and Policy
2. BD041 Privacy Policy
Definitions
1. Internet Properties - Includes, without limitation, www.sgaalumni.org and sungodarchery.org, mobile websites, microsites, mobile applications, Association social media sites, any other digital services or properties operated or used by the Association from time to time (collectively the “sites”).
License Grant
1. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the sites on the condition of your continued acceptable of, and compliance with these Terms of Use.
2. You may use the Association sites and content for personal (non-commercial) use and for no other purpose. The Association reserves the right to bar, restrict, suspend, and/or terminate this license at any time for any reason.
3. The Association reserves any rights not explicitly granted in these Terms of Use.
License Restrictions
1. Unless you receive the Association’s prior written consent or unless explicitly stated in these Terms of Use, you may not change, translate, create derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the sites and/or any Association content or any portion thereof.
2. You may not use the sites for any unauthorized or illegal purpose or activity, including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the sites, including Association content, interference with the proper working of the sites, including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack, or other limiting routine, instruction or design, or interference with any other person’s use and enjoyment of the site.
Acceptance
1. The Association sites are available only to individuals who can enter into legally binding contracts under applicable law. These terms of agreement constitute a legally binding agreement between you and the Association regarding your use and access to the sites. By using the sites, you agree to the Terms of Use.
2. Use of the sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use, including if it was revised from the previous time you used the sites. You are responsible for regularly reviewing the Terms of Use posted to the Sites.
3. No revisions to these Terms of Use, including the provisions regarding arbitration shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.
Personal Login Information
1. Certain parts and features of the sites are available only for individuals who register and login such as through a membership subscription.
Privacy Policy
1. For information regarding the Association’s data use and protection of your personal information, please read the Association’s Privacy Policy which is incorporated into and made part of these Terms of Use.
User Obligations
1. By using the Association sites, you warrant that you will abide by, without limitation, all applicable local, state, federal, and international laws and regulations with respect to your use of the sites and that you will not interfere with the use and enjoyment of the sites by other users or the operation and management of the sites.
2. At all times, you will provide true, accurate, current, authorized and complete information when submitting information or materials to the sites including information required to be provided through the Association's membership registration form and Association’s event registration forms.
3. In the event of any false, inaccurate, untrue, unauthorized, or incomplete information submitted by you, we reserve the right to terminate your access and use of the sites.
4. You warrant that you will not impersonate any other person, entity, whether real or fictitious when using the sites or defame and/or harm any party through your use of the sites.
5. You will not use our services to upload, download, post, email, transmit, or make available any content, including attachments thereto:
  1. That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. That you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  3. That infringes patents, trademarks, trade secrets, copyright, or other proprietary rights of any party.
  4. Any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
  5. Any material that contains software viruses or any other computer code, files, or programs designed to collect unauthorized data, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. Intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
6. You agree to abide by the Association Code of Conduct.
Proprietary Rights
1. The content of the Association’s sites include, without limitation, Association trademarks, service marks, logos, brands, brand names, trade names and other distinctive identification (the “Association Marks”) and information, data, materials, interfaces, computer code, databases, products, services, software apps and tools, text, images, photographs, audio and video including podcasts and artwork, look and feel and arrangement of any content contained in or available through the sites (the “Association Content”).
2. The Association Marks and Association Content is the property of the Association by law, including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, federal, and international laws, treaties and regulations.
3. Reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Association Content by you or by you through any other person or entity is prohibited unless explicit, written consent is separately obtained from the Association or the owner if the Association is not the owner.
4. Any use of Association Marks without explicit, written consent is prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Association Content, including any such notices appearing in Association content that you are permitted to download, transmit, display, print, or reproduce from the sites.
Responsibility for Use of the Internet and Websites and Exclusion of Liability
1. The use of the internet and sites is solely at your risk and subject to, without limitation, applicable local, state, federal, and international laws and regulations. Unless explicitly required by law, the Association does not guarantee the confidentiality of security of any communication or other material transmitted to or from the sites over the internet or other communications networks.
2. The Association shall not be obligated to correct or update the sites or the Association Content and shall not be liable for omissions, typographical errors, or out of date information which may appear on the sites.
Accuracy of Information
1. The information on the sites and Association Content are for informational purposes only and does not act as legal advice or counsel. The information may or may not reflect the most current legal developments and accordingly, the information on the sites are not promised or guaranteed to be correct, complete, and should not be relied upon as such. The materials on the sites and the Association do not necessarily reflect the opinions of the Association.
Third Party Information
1. The sites may have materials, information, products, and services provided by third parties and any such information is that of the respective third party, not of the Association or its affiliates. The Association makes no representation with respect to, nor does it guarantee or endorse the quality, accuracy, completeness, timeliness, or reliability of such third party materials, information, services, or products.
Notice for Claims of Intellectual Property or Copyright Infringement
1. The Association respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards, or in other user contributed content, as applicable, we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us with the following information:
  1. A description of the copyright work or other intellectual property that you claim has been infringed.
  2. A description of where that material you claim has been infringed is located on the site.
  3. Your address, telephone number, and email address.
  4. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  5. A statement made by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Links to Third Party Sites, Websites, and Content
1. The sites may provide links (including any link through advertisements) to other sites on the internet for your convenience. These other sites are maintained by third parties over which the Association exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the sites, you do so entirely at your own risk.
2. Links posted by third parties to the sites or to Association content may not use the Association trademarks or logo and shall not suggest that the Association promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the sites shall be the responsibility of the linking party. The Association reserves the right to require any linking party to disable or remove any link that violates the Association’s policies, rights, or causes interruption or deterioration of Content.
Sharing
1. Association Content that is downloadable, embedded, or copyable are for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing any Association content for other than personal use is explicitly prohibited without prior written consent from the Association or the copyright holder identified in the copyright notice contained in the Association Content. The Association reserves the right to require any party sharing Association content to disable or remove the content should its use violate Association policies, rights, or causes interruptions or deterioration of Content.
Warranties
1. The sites and content are provided “as is” and “as available.” Neither the Association, its Directors, Executive Officers, Employees, members, agents, representatives, suppliers, contractors (the “Association”) provide any explicit or implied representation of warranty of any kind, including without limitation, any representation or warranty that:
  1. The sites or Association content or any results obtained by you are complete, accurate, reliable, or non-infringing.
  2. Access to the sites will be uninterrupted, timely, secure, or error free.
  3. The quality of any products, services, information, or other material purchased or obtained by you though the sites will meet your expectations
  4. The Association content will remain unchanged or accessible on the sites.
2. All warranties, explicit and implied are disclaimed to the fullest extent permitted by law, including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Exclusion and Limitation of Liability
1. The Association shall not be liable, and disclaim any liability for any claim, loss or damage, direct or indirect, including without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages of any kind whatsoever in connection with, as a result of, or arising from:
  1. Use of or inability to use the sites and/or any Association content.
  2. Any loss of data and/or any equipment failure.
  3. Procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the sites, or transactions entered into through or from the sites.
  4. Unauthorized access to or alteration of your transmission data.
  5. Statements or conduct of any third party on the sites.
  6. Any delay or failure of the sites arising out of causes beyond the Association’s control.
  7. Out of use of products and services contained on or accessed through the sites.
  8. Out of any content materials provided by or advertise on third party sites.
  9. Out of any other material relating to the sites or Association content.
2. In the event of dissatisfaction with or dispute with these terms of use, the sites, and/or Association content, your solte right and exclusive remedy is to terminate use of the sites, even if that remedy is deemed to fail of its essential purpose. You confirm that the Association has no other obligation, liability, or responsibility to you or any other party.
Exclusions
1. Some jurisdictions do not allow for the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms, or incidental/consequential damages. Accordingly, only the above limitations in XIX and XX which are lawful in your jurisdiction will apply to you and the Association’s liability will be limited to the maximum extent permitted by law.
Indemnification
1. To the fullest extent of the law, you shall defend, indemnify and hold harmless the Association, any Director, Executive Officer, or former Director or Executive Officer of the Association, member, employee, volunteer, affiliate, contractor, agents, and representatives against from any and all claims arising from or in any way related to your use of the sites and/or Association content, any violations by you of these Terms of Use or Code of Conduct, or any other actions connected with your use of the site and/or Association content. This includes: liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees. The Association will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Association other than this section.
Term and Termination
1. These terms of use will take effect at the time you begin using the sites. The Association reserves the right, with or without notice, at any time and for any reason to deny you access to the sites or to any portion thereof, and to terminate these terms of use. These terms of use automatically terminate if you fail to comply with the terms set forth herein. You may terminate these terms of use at any time by ceasing to use the Association sites, but all applicable provisions of these terms will survive such termination. Upon termination, you must destroy all copies of any portion of the sites, including Association content in your possession.
Arbitration
1. Any controversy or claim you have arising out of or relating to these terms of use shall be resolved by a single impartial arbitrator pursuant to the proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes.
2. Any such claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class.
3. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.
4. The courts of the State of California shall have exclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award or if arbitration is not permitted by law, then any claim you have arising out of or relating to these terms of use.
5. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
6. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these terms of use.
7. The Association reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these terms of use.
8. If neither party consents or agrees to any arbitration on a class or representative basis, the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis.
9. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
10. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court Southern District of California or any State court located in San Diego County, CA.
Governing Law
1. These Terms of Use and all matters regarding your use of the sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable contracts made and executed and wholly performed in the State of California, without regard to choice of law principles.
2. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.
3. Printed copies of any and all agreements, and/or notices in electronic form shall be admissible in any legal, investigative, or regulatory proceedings.
Waiver and Severability
1. The failure to exercise or enforce any right or provision within these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Statute of Limitations
1. Regardless of any statute or law to the contrary, any claim or cause of action as the result of or related to your use of the sites, must be filed by you within one (1) year after such claim or cause of action arose or it is forever barred.
Use of Association Sites Outside the United States
1. The Association makes no claims regarding access or use of the sites or Association content outside of the United States. If you use or access the sites or Association content outside of the United States, you do so at your own risk and are responsible for compliance with laws and regulations of your jurisdiction as well as these terms of use.
Interaction and User Generated Content
1. The Association provides opportunities for user interaction within its sites and social media profiles with sites including, but not limited to, Facebook and LinkedIn and various blogging sites. Content and links to other sites on these sites should not be construed as an endorsement of the organizations, entities, views or content contained therein.
2. The Association is not responsible for links posted by others.
3. The Association welcomes views, comments, pictures, trackback URLs, videos, and other communications on our sites which may include discussion boards, blogs, and other services that allow users to provide feedback, comment, or content (“User Content”). By contributing User Content to any of the sites or social media profiles, users understand and acknowledge that this information is available to the public and grant the Association and non exclusive license to display, reproduce, transmit, modify such User Content and that the Association may use User Content for internal and external marketing purposes.
4. You are solely responsible for the User Content you submit.
5. If you believe any User Content infringes upon your proprietary rights, contact the Association as identified in these terms of use.
6. The Association does not approve, endorse, or adopt any User Content, an the Association assumes no liability for any User Content submitted by you or others.
7. You agree to indemnify the Association against all claims and liabilities resulting from User Content.
8. Users who do not wish to have information they have made available via these sites used, published, copies, and/or reprinted should not post on the social media profiles.
9. Other participants may use posted information beyond the control of the Association.
10. All user content is read at your own risk and the Association recommends that you do not rely on the information or advice in any of these postings.
11. The Association reserves the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or other injurious or illegal content.
12. The Association retains the right to ban and/or block a user from posting on Association social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
13. All user content must comply with the Association Code of Conduct.
Other Terms of Use
1. On sites not operated by the Association, you are also subject to the terms of use of that host site. Information you share with or post to Association social media profiles are also subject to the terms of use of the host site and may be used by the owners of the host site for their own purposes under the host site’s terms of use. For more information, consult the host site’s terms of use.
Complete Agreement
1. These Terms of Use, together with any revision, any additional terms or conditions incorporated by reference, constitutes the entire agreement between you and the Association relating to the sites and its use by you, and supersedes any previous written or oral communication regarding the use of the sites.
2. You acknowledge, consent, and agree that the Association may access, preserve, and disclose your account information, and the User Content you have posted if required to do so by law or in good faith believe that such access preservation or disclosure is reasonably necessary in the sole opinion of the Association to:
  1. Comply with legal process.
  2. Enforce the Terms of Agreement.
  3. Respond to claims that any content violates the rights of third parties.
  4. Respond to your requests for customer service.
  5. Protect the rights, property, and/or personal safety of the Association, its Directors, Executive Officers, members, or other affiliates.
Amendment
1. The Association reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the sites.
Notifications
1. Directors and Executive Officers shall be notified of any amendments to the Terms of Use and Agreement.