Description of Services
The Site provides you with access to a variety of resources, including product and services information (“Services”). The Services are subject to these TOU.
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also may choose a password and a user ID. You are entirely responsible for maintaining the confidentiality of your password and user ID. Furthermore, you are entirely responsible for any and all activities that occur under your user ID. You must notify us immediately of any unauthorized access or use of your user ID or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or user ID, either with or without your knowledge.
You shall indemnify, defend (at SVdP’s option) and hold harmless SVdP and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations under this Agreement, or a claim by a third party directly or indirectly related to your provision of SVdP Services or use of the SVdP Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.
Limitation of Liability
SVDP WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND, OR YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU. IN NO EVENT SHALL THE LIABILITY OF SVDP EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO SVDP IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Either party may terminate without cause at any time. SVdP may deactivate your ID immediately, without notice, with respect to you in the event you no longer qualify under applicable law or the standards and policies of SVdP to provide SVdP Services. Your outstanding obligations under these TOU survive termination.
You agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the SVdP Services (“Disputes“) will be settled by binding arbitration between you and SVdP, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SVdP are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and SVdP otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these TOU. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section.
These TOU shall be governed by the laws of the State of Alaska, USA, excluding its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of the SVdP Services shall be filed only in the state or federal courts located in the State of Alaska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
No Unlawful or Prohibited Use
As a condition of your use of the SVdP Services, you will not use the SVdP Services for any purpose that is unlawful or prohibited by these TOU. You may not use the SVdP Services in any manner that could damage, disable, overburden, or impair any SVdP server, or the network(s) connected to any SVdP server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any SVdP server or to any of the SVdP Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SVdP Services.
Removal of Proprietary Notice and other Restrictions
You agree not to remove any proprietary notices from materials you obtain through the SVdP Services, including but not limited to, copyright or trademark notices. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the SVdP Services except as expressly permitted by SVdP; decompile, reverse engineer or disassemble the SVdP Services except as may be permitted by applicable law; link to, mirror or frame any portion of the SVdP Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the SVdP Services or unduly burdening or hindering the operation and/or functionality of any aspect of the SVdP Services; or attempt to gain unauthorized access to or impair any aspect of the SVdP Services or its related systems or networks.
SVdP makes no representation that any materials or Services are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
The Services are for your personal use, or the use of your employer. Except as otherwise expressly stated, you may not publish, license, create derivative works from, or sell, any information, software, products or services obtained from the Services.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any SVdP server, or the network(s) connected to any SVdP server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any SVdP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain through the Services, including but not limited to, copyright or trademark notices.
Transmission of Personal Data
Special Notice — Interactive Services
The Services may include interactive services such as discussion forums, bulletin boards, news groups, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (“Interactive Services”). You will only use the Interactive Services to post, send and receive messages and material that are related to the particular Interactive Service and are proper. By way of example, and not as limitation, you will not: (i) defame, harass, threaten, or otherwise violate the legal rights of others; (ii) violate the intellectual property rights of others; (iii) display or distribute any information that is false, misleading, indecent, or obscene; (iv) create a false identity; (v) upload files that contain viruses, Trojan horses, worms, time bombs, or the like that may damage the operation of the computer or property of another; (vi) use the Interactive Service in connection with junk email, spam, contests, or surveys; (vii) use the Interactive Service in a commercial manner; (viii) harvest or otherwise collect information about other users; or (ix) violate any applicable laws or regulations.
We are under no obligation to monitor, post, or use any submission from you, and we may remove any submission at any time in our sole discretion. We reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, from the Site in our sole discretion. You agree that by posting, uploading, inputting, providing, or submitting any materials to the Site, you are granting us and the general public a nonexclusive perpetual royalty-free worldwide license to: (i) copy, distribute, transmit, display, perform, and create derivative works from your submission; (ii) publish your name in connection with your submission; and (iii) sublicense any such rights. We will not compensate you for your submission. You warrant and represent that you own or control all rights to your submission, and have the rights necessary to grant the licenses and sublicenses described in these TOU.
Special Notices — Documents Available on the Site
We grant you permission to use documents (such as white papers, press releases, FAQs, and data sheets) that we make available for downloading from the Site (“Documents”) provided that your use of such Documents is in accordance with these TOU.
SVDP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” AND SVDP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE DOCUMENTS, INCLUDING ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SVDP AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN THE PRODUCT(S) AND/OR PROGRAM(S) DESCRIBED IN THE SERVICES AT ANY TIME AND FROM TIME TO TIME.
SVdP does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. If, despite our request that you not send us your ideas and materials, you still send them, please understand that SVdP makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” AND SVDP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
SVDP AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, EVEN IF SVDP IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SVDP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.
You agree that SVdP has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this Site. SVdP is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. You acknowledge that when you access a Linked Site you do so at your own risk and that we do not recommend or endorse Linked Sites.
SVdP prohibits unauthorized hypertext links to the Site, or the framing of the Site.
We reserve the right to modify these TOU, the Site, the Services, the Software, or the Documents at any time for any reason without notice to you.
Termination of Access
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES, OR ANY PORTION THEREOF, AT ANY TIME.
DMCA – Copyright Infringement Claims
SVdP has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. SVdP reserves the right to remove any materials on the Service that allegedly infringe another person’s copyright. If you believe your copyright has been infringed, please notify us info@SVdP.com and provide the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work(s) claimed to have been infringed;
iii. identification of the material that is claimed to be infringing 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 us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
- 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
- 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.
Forward Looking Statements
When used on this website, the words or phrases “will likely result”, “are expected to”, “plan”, “believe”, “will continue”, “is anticipated”, “estimate”, “projected”, “intends to” or similar expressions are intended to identify “forward-looking statements.” Such statements are subject to certain risks and uncertainties affecting the SVdP ability to implement its growth strategy, contingent risks, state and federal regulation and licensing requirements, and other concerns that could cause the Foundation’s actual results to differ materially from historical earnings and those presently anticipated or projected. Such factors, which are discussed herein, could affect the Foundation’s financial performance and could cause the Foundation’s actual results for future periods to differ materially from any opinions or statements expressed with respect to future periods on fundraising plans. As a result, donors are cautioned not to place undue reliance on any such forward-looking statements, which speak only as of the date made. Independent accountants have not examined or compiled the accompanying forward-looking statements and accordingly do not provide any assurance with respect to such statements.
Intellectual Property Notices
Copyright 2019 St. Vincent de Paul Society Diocesan Council of Southeast Alaska, Inc. All rights reserved. “St. Vincent de Paul Society Diocesan Council of Southeast Alaska,” “St. Vincent de Paul Juneau,” “SVdP.” St. Vincent Store” the SVdP logo, the St. Vincent Store logo and SVdP services names and logos are trademarks of SVdP. References to other entities and their trademarks are for reference purpose only. No portion hereof may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or information storage and retrieval systems, for any purpose other than the recipient’s personal use, without the express written permission of SVdP. The information contained herein is subject to change without notice.
Last Revised: April 2019