WebsiteTerms and Conditions of Use
Effective January 1, 2014
BSA may monitor use ofthis Site at any and all times to determine compliance with this TOU. Pleasealso note that if we determine you have abused or violated the letter or intentof any of these terms, conditions or guidelines, or any applicable law, we mayterminate or suspend your access to the Site and all related services, initiatean investigation, remove materials from our servers, issue a warning, block anyprohibited activity, and take any other responsive action. Additionally, userswho violate this TOU may incur criminal and/or civil liability.
User Responsibilitiesand Restrictions on Use
You agree that any andall billing and registration information you provide on the Site will beaccurate and complete. Your provision of inaccurate or incomplete informationconstitutes a material breach of this TOU.
Furthermore, you agree touse the Site and all related services only for lawful purposes and not to allowothers to use your account for any unlawful purpose. Use of the Site inviolation of these TOU or any applicable law, regulation, ordinance, or otherrule imposed by any governmental authority is prohibited. Without limiting theforegoing, you specifically may not:
- Link to this Site, including linking to the home page or any other page on the Site, without our express permission.
- Monitor, gather or copy any Content (as defined below) on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, and abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Site in any way.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any BSA server.
- Attempt to use the Site for any purposes other than those intended by BSA, as determined by BSA in its sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
This Site’s overall “lookand feel” and the various BSA emblems, rank insignia, logos, service marks,trademarks, and other brand indicia found on the Site are the exclusiveproperty of the Boy Scouts of America and may not be used without the expresswritten permission of the Boy Scouts of America. All other trademarks that mayappear on this Site are the property of their respective owners.
Furthermore, Boy Scoutsof America and/or its licensors own all right, title and interest in and to allcontent (and all compilations thereof) that appears on or is available throughthis Site and any other website owned, operated, or controlled by BSA,including without limitation all text, music, sounds, photographs, videos,images, illustrations, icons, graphics, headers, typefaces, data, inventoryinformation, databases and software (collectively, the “Content”). The Contentis protected by United States and international law. No right, title orownership interest to any of the Content is assigned, conveyed, or otherwisetransferred to you by your use of the Site. You may access and view the Contentsolely for personal, noncommercial purposes. Use of the Content except asexpressly provided in this TOU may violate the intellectual property rights ofBSA and/or its licensors.
Except as set forth inthis paragraph, you may not copy, distribute, display, publicly perform,transmit, or broadcast the Content or use the Content to create derivativeworks or compilations without prior written consent from BSA. Furthermore, youmay not collect, re-purpose or reuse any data or product listings contained inthe Content; sell or attempt to sell the Content; exploit the Content for yourown purposes; or make derivative use of the Site or its Content. You maydownload, print and use pages from the Site for your own personalinformational, non-commercial purposes as long as (1.) you do not distribute orrepublish such information in any form, including digitally, and (2.) thecopied pages reflect the original Site content in its unaltered form and retainthe BSA copyright notice: “© 2013 Boy Scouts of America. All Rights Reserved.”If BSA becomes aware that you are using the Content for a purpose other thanyour personal, non-commercial use, then BSA (and/or its licensors) may seek anyand all legal remedies it might have against you.
Request for Consent toUse Content
If you wish to use any ofthis Site’s Content for any purpose other than your individual review andindividual educational purposes, please send a request with your proposed useto us at firstname.lastname@example.org so that we mayevaluate your proposed use.
Unless required by law,the BSA will not be obligated to grant such requests and may approve or denythem at its sole discretion. Any approval of your request by BSA will belimited to a specific, enumerated use and conditioned upon your acceptance ofadditional reasonable terms and conditions, which will be established at thetime of your request based on your intended use of the Content. In any event,you may not copy or mimic the design elements, “look and feel,” or layout ofthe Site. No approval or permission to use this Site’s Content will beeffective unless made in writing by a duly authorized representative of BSA.Furthermore, BSA reserves the right to revoke its consent any at time.
If your request isgranted, you assume all risks concerning the suitability and accuracy of theContent which you use. Some uses may require permission from a third party, andyou are solely responsible for obtaining any such third-party permissions andpaying any royalties that may be due as a result of your use.
Amendments andCorrections to Content
The Content and thefunctionality of the Site may be updated or changed at any time without priornotice. We do not guarantee the accuracy, completeness or reliability ofinformation appearing on the Site. The Site may contain errors and omissionsrelating to BSA’s programs, events, products, pricing, and/or availability. Wereserve the right to correct or update errors or omissions and to changeinformation at our discretion without prior notice. You agree not to rely onany Content created or posted by us. We also reserve the right to cancel anorder for a product in the event of an error or omission in the description ofsuch product, including incorrect pricing information, whether due to atypographical error, an error in information received from our suppliers, orotherwise. By using the Site, you agree to hold us harmless from any claimsrelating to errors or omission on our Site.
You agree to indemnify,defend, and hold us, our local councils, partners, telecommunicationsproviders, and service providers, and including the officers, directors,employees and agents of each, harmless from any cause of action, damages,judgments, liabilities, fees, or other costs and expenses (including attorneys'fees) arising from a third-party claim related to or arising from your use ofthe Site or any related services, your use of any Content, your violation ofthe TOU, or your violation of any third-party rights, including withoutlimitation infringement by you or any other user of your account of anytrademark, copyright, patent, publicity, privacy, or other rights of any personor entity.
Limitation of Liability
In no event will we, oursuppliers, service providers, local councils, or other third parties affiliatedwith us be liable for any indirect, incidental, extraordinary, exemplary,punitive or consequential damages whatsoever (including without limitationthose resulting from lost profits, lost data or business interruption) arisingout of the use or inability to use the Site or related services, the results ofsuch services, or any information contained on the Site, or in such services,whether such damages are based on warranty, contract, tort or any other legaltheory and whether or not such party is advised of the possibility of suchdamages. Our aggregate liability and the aggregate liability of any of oursuppliers, local councils, or service providers, arising from or relating tothis TOU (regardless of the form of action or claim, e.g., contract,warranty, tort, strict liability, negligence, malpractice, fraud or any otherlegal theory) is limited to one-hundred U.S. dollars ($100). Applicable law maynot allow the exclusion or limitation of incidental or consequential damages,so the above limitation or exclusion may not apply to you.
Disclaimer of Warranties
This Site and all relatedservices are provided on an “as-is” and “as available” basis and with allfaults, and the entire risk as to satisfactory quality, performance, accuracyand effort is with you. Except for the express warranties explicitly providedherein, neither we nor our partners, providers, or local councils make anyrepresentations or warranties of any kind, express or implied, as to theoperation of the Site, the Content, any information made available through theSite, or any transactions entered into by you through the Site. To the extentpermitted by law, we and our partners, providers and local councils disclaimall warranties, express or implied, including but not limited to, impliedwarranties of merchantability, accuracy, title, fitness for a particularpurpose, non-infringement and quiet enjoyment. Neither we nor our partners,providers or local councils warrant that use of the Site or any relatedservices will be uninterrupted; available at any time or from any location;secure or error-free; or free of viruses or other harmful components. Neither wenor our partners, providers or local councils warrant that the Site will meetyour requirements or that any defects will be corrected. Furthermore, neitherwe nor our partners, providers or local councils make any warranty as to theresults that may be obtained from use of the Site, or as to the accuracy,completeness, reliability or timeliness of any information available on orthrough the Site.
You understand and agreethat your access and use of the Site is at your own risk and that you will besolely responsible for any damage to your computer or system or loss or datathat may result from use or downloading any Content or other material or datafrom the Site.
No advice or information,whether oral or written, obtained by you from us or through the Site shallcreate any warranty not expressly made herein.
Please note that we maychange this TOU at any time by posting the modified TOU on the Site, or byotherwise notifying you of such change. Use of the Site after such changes areposted constitutes acceptance of all changes.
The TOU is governed byand will be construed in accordance with the laws of the state of Texas as itis applied to contracts entered into by residents of the state of Texas.
Any dispute relating inany way to your visit to this Site or any other website owned, operated orcontrolled by BSA or to products you purchase through this Site will besubmitted to confidential arbitration in Dallas, Texas. Notwithstanding thepreceding sentence, to the extent you have in any manner violated or threatenedto violate the Boy Scouts of America’s intellectual property rights, the BoyScouts of America may seek injunctive or other appropriate relief in any stateor federal court in the state of Texas, and you consent to exclusivejurisdiction and venue in such courts. Arbitration under this TOU shall beconducted by a single arbitrator under the rules then prevailing under theCommercial Arbitration Rules of the American Arbitration Association. Thearbitrator's award shall be binding and may be entered as a judgment in anycourt of competent jurisdiction. To the fullest extent permitted by applicablelaw, no arbitration under this Agreement shall be joined to an arbitrationinvolving any other party subject to this Agreement, whether through classarbitration proceedings or otherwise.
Policy for Claims ofInfringement of Copyrighted Material
If you believe thatmaterial is posted on the Site in a manner that infringes your copyright,please notify us by providing the following information in writing to our LegalDepartment at the address listed below:
- A physical or electronic signature of the owner of the allegedly infringed copyright or such owner's authorized representative.
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
- A description of the material on the BSA site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
- The address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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.
- 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 the copyright that is allegedly infringed.
Address for notice:
BoyScouts of America Troop 914
PO Box 181855