3. Modification to These Terms of Service and Our Site We may add to, update, delete from or modify the Site at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change these Terms of Service. We may post or display notices of changes to the Terms of Service on the Site, or may notify you of such changes in some other manner. Once posted, these changes to the Terms of Service become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Site. Any use by you of the Site after any changes to our Terms of Service become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Service so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits to you.
6. Intellectual Property Rights The content on the Site including, without limitation, text, newsletters, bulletins, surveys, polls, software, scripts, graphics, photos and the like (“Site Content”) and the trademarks, service marks and logos depicted at the Site (“Marks”), are owned by or licensed to Team Jesse, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Team Jesse reserves all rights not expressly granted in and to the Site and the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content therein.
7. Warranty Disclaimer You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Team Jesse, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Team Jesse makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Site. Team Jesse does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Site or any hyperlinked web site.
8. Limitation of Liability In no event shall Team Jesse, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or Site Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, or (iv) any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of your use of any Site Content posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Team Jesse is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9. Indemnity You agree to defend, indemnify and hold harmless Team Jesse, its affiliates, and their respective officers, directors, managers, employees and agents (“Team Jesse Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law. This defense and indemnification obligation will survive these Terms of Service and your use of the Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Team Jesse Indemnitees.
10. Privacy Protection The Team Jesse site is not intended for children under the age of thirteen (13). If you are under 13 years of age, then you will not be able to be a registered user, should not use the Site and should exit now.
11. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Team Jesse without restriction.
13. Invalidity; Waiver If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Team Jesse’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14. Termination/Exclusion We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Site for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Service, and to take any other action we deem appropriate.
18. User Suggestions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Team Jesse are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Team Jesse shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
15. Questions; Comments If you have any questions or comments on this Site or become aware of misuse of the Site by any person, please contact us at firstname.lastname@example.org or at the following address: The Team Jesse Foundation, P.O. Box 4138, Greenwich, CT 06831.
16. Effective Date These Terms of Service are effective as of November 11, 2013.