Terms as of April 14, 2017
This site (“Site”) is created and operated by The South Bend March for Science (“SBMFS”). When you choose to use the web service(s) provided on the Site (the “Services”), you are agreeing to these Terms And Conditions between you and The South Bend March for Science.
SBMFS shall have the right, at its discretion, to change, modify, add or remove terms of these Terms And Conditions at any time without notice. While we will endeavor to post such changes, nonetheless, changes shall be effective immediately.
The Services are not intended for users under the age of 13, and SBMFS does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Site’s public areas. Any information submitted by such users will not knowingly be used, posted, or retained by us.
YOUR CONTINUED USE OF THE SITE AND THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THESE TERMS AND CONDITIONS WILL INDICATE YOUR ACCEPTANCE THEREOF.
SBMFS may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. SBMFS may also impose limits on certain features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
Use of the Site or the Service is void where prohibited. This Site is intended for users who are eighteen (18) years of age or older. If you are under the age of 18, you must use this site with adult supervision. By using the Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by these Terms And Conditions.
REGISTRATION DATA; SECURITY
In consideration of your use of the Site, you agree:
to provide accurate, current and complete information about you as may be prompted by any profiles or registration forms on the Site;
to maintain the security of your password and identification if necessary;
to maintain and promptly update your profile information, and any other information you provide to SBMFS, to keep it accurate, current and complete; and
to be fully responsible for all use of your account and for any actions that take place using your account.
In accessing and using various Site features, you may receive a password and account designation upon completing your profile or another registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify SBMFS of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. SBMFS cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at SBMFS ‘s sole discretion, and SBMFS may refer you to appropriate law enforcement agencies.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Site. You may also provide information to the Site in other contexts, including, for example, in order to sign up for a SBMFS mailing list, to receive information and notifications, to register for SBMFS events, to subscribe to SBMFS publications and newsletters, or to enter into a sweepstakes or promotion. When you use or visit the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
This site shall sell for fewer than 30 days and thus sales tax will not be collected. This organization is a fiscal partner of the Indiana Science Communication and Education Foundation and thus has the tax status of a recognized 501(c)(3) organizations. If you have questions about the deductibility of the donation portion of your purchase, or a stand-alone donation made on our site, contact your tax advisor.
SBMFS gives buyers the ability to make a donation to a campaign, via credit card, with or without ordering an item. 100% of the profit associated with a product purchase will go directly to the cause.
If you are a trademark owner or an agent of a trademark owner and you believe that any content or link on the Site infringes upon your trademark rights, notify us through emailing the contact information.
The Site may contain links and sales channels to other Internet sites, third party retailers, resources, and sponsors. Your dealings or communications through the Site with any party other than SBMFS are solely between you and that third party. Under no circumstances will SBMFS be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any complaints, concerns or questions regarding any external link to such site’s administrator.
If you operate a web site and wish to link to the Site, you may link only to the homepage http://SBMFS.com or directly to any T-shirt sales campaign on the site. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site without our express written consent. You may not alter or modify in any way, the Site, including using any software to suppress or alter the display of advertising on the pages of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
Like many networking sites, SBMFS allows users of the Site to share information with others through a variety of ways, including member profiles, posting of comments, posting of photos, and the answering and asking of questions. In addition, users may also be able to share third-party content or links to third party sites. You acknowledge and agree that your use of these share Services and all links, third-party applications, software or Content so shared is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms And Conditions.
REPRESENTATIONS AND WARRANTIES
You expressly agree that use of the Site and the Services is at your own risk. Neither SBMFS, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the Content or the results that may be obtained from use of the Site.
The Site is controlled, operated and administered by SBMFS from its offices within the United States. SBMFS makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
THERE MAY BE AN EXTRA SHIPPING CHARGE FOR OUTSIDE THE U.S. CAMPAIGN BUYERS.
All monies on SBMFS are stated in U.S. Dollars (USD).
INDEMNITY/LIMITATIONS OF LIABILITY
As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless SBMFS, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding (i) your use of the Site and/or Services, (ii) SBMFS’s use or distribution of any content or information you provide, (iii) any violation by you of these Terms And Conditions.
You shall cooperate as fully as reasonably required in the defense of any such claim. SBMFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Under no circumstances, including negligence, shall SBMFS, or its directors, officers, employees, agents or affiliates, be liable for any indirect, incidental, special or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if SBMFS is aware or has been advised of the possibility of such damages. You specifically acknowledge and agree that SBMFS is not liable for any conduct of any user.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
If you are dissatisfied or harmed by SBMFS’s services, any other SBMFS site user, any SBMFS partner, any SBMFS material, or with any of SBMFS’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
SBMFS may, in its sole discretion, terminate or suspend your access to all or part of the Site or the Services offered for any reason, including breach or assignment of these Terms And Conditions.
Termination of these Terms And Conditions for any reason, will not affect survival of those provisions of these Terms And Conditions for which survival is equitable or appropriate.
SBMFS makes every effort to ship products that match representations made at the time of a purchase. However, due to variations in product availability, SBMFS may substitute products of a similar color or style. In rare cases when substitutions do occur, SBMFS always sends the buyer a product of equal or superior quality. SBMFS does not guarantee refunds on the sole basis of product variability.
When issuing refunds, SBMFS is able to refund a product’s base cost, shipping expenses and sales tax. However, SBMFS is not always able to refund the portion of the selling price that has been sent to the seller. Finally, SBMFS is not able to refund donations made in addition to or in lieu of a product purchase.
Please contact us if you are in any way unhappy with your purchase.
This Agreement is accepted upon your use of the Site or any of the Services. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms And Conditions, the terms of these Terms And Conditions shall control.
The failure of SBMFS to exercise or enforce any right or provision of these Terms And Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms And Conditions are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
This Agreement has been made in and shall be construed and enforced in accordance with Virginia’s law, without regard for conflicts of law rules, and the terms of this Agreement will operate to the fullest extent permissible by law. Any action related to the to enforce these Terms And Conditions shall be brought in the federal or state courts located in Virginia.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.