These Terms of Use (“Terms”) govern your (“you” or “your”) use of the website located at www.sjf.org (the “Site”) and all associated sites linked thereto, which are owned and operated by St. John Fisher (“St. John Fisher”, “us”, “we”, “its” or “our”). BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
St. John Fisher reserves the right, at its sole discretion, to revise these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, St. John Fisher grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site as permitted under these Terms.
Users
The Site is intended for users who are at least 18 years old. You must be over the age of 18 to register or submit your information to the Site. You also agree to provide true, accurate and complete information when you create a user account or submit an order using the Site.
Privacy
Your use of the Site is governed by our Data Privacy and Use Policy (“Privacy Policy”), which is available on the Site. Your continued use of the Site constitutes acceptance of the terms of the Privacy Policy, including any and all changes made to that policy.
Communication Preferences
If you register with the Site, you consent to receive service messages relating to your accounts, such as payment confirmations, account verifications, and transactional notices. You also consent to receive other communications from us, such as newsletters, special offers, announcements, and surveys. You may opt-out of some of these additional communications by clicking on the “unsubscribe” links, as applicable, contained within such communications.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including wholesale registrations, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate or purchase such goods and services. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
St. John Fisher’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
St. John Fisher may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and St. John Fisher makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account that is password protected. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify St. John Fisher immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by St. John Fisher or any other user of or visitor to the Site due to someone else using your account or password as a result of your failing to keep your account information secure and confidential. St. John Fisher cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Geographic Restrictions
You may not be able to access all or some of the content and services of the Site outside of the United States and such access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Use of the Site
The Site and its contents (the “Content”) are intended for your own personal, non-commercial use by customers of St. John Fisher in accordance with these Terms and Conditions. You may not use this Site or the Content for any other purpose. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with St. John Fisher; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any St. John Fisher product or service if you are not expressly authorized by such party to do so; (e) using technology or other means to access St. John Fisher’s proprietary information, unless such use is expressly authorized; (f) attempting to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (g) creating derivative works from or otherwise exploit the Content in any way; (h) encouraging conduct that would constitute a criminal offense, or would give rise to civil liability; (i) using the Site or the Content other than for its intended purpose, as determined solely in St. John Fisher’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information; (j) interfering with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site; and (k) violating any other provision of these Terms of Use or the terms of the Privacy Policy.
User Representations
By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms and any terms incorporated herein by reference;
- you are not under the age of 13;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the Site for any illegal or unauthorized purpose; and
- your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Information and Press Releases
The Site may contain information, news, and press releases in connection with its Content. As further elaborated below, the Site and its Content are provided “AS IS.” Without limiting the foregoing, St. John Fisher disclaims any duty or obligation to update any Content. Information about third parties contained in the Content should not be relied upon as being provided or endorsed by us.
Content Posted on the Site
The Site may contain social networking components and interactive features, including, but not limited to blogs, chat groups, bulletin boards, newsgroups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. We may monitor the content posted on the Site but are under no obligation to do so. You may be exposed to content on the Site that is inaccurate or deceptive, or that you find offensive or objectionable.
We may remove any Content for any or no reason in our sole discretion.
Intellectual Property
Unless otherwise indicated and noted in our Site Credits page, the Site is our proprietary property and all databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks, tradenames, trade dress, service marks, and logos contained therein (the “Marks”) are owned by St. John Fisher, its affiliates, suppliers, or licensees or licensors, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, the Site, Content, or Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may not use metatags or any other “hidden text” utilizing “St. John Fisher” or any other Mark without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is owned by St. John Fisher and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Currency of Site
St. John Fisher updates the information on this Site regularly. However, St. John Fisher cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Site. St. John Fisher may revise, supplement or delete information, services, and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Third Party Materials
The Site may display, include or make available third-party content, including data, information, applications, and other products services, and/or materials (“Third Party Materials”). Such Third-Party Materials may be referenced by links on the Site, through third-party advertising, and by other methods which make such materials available to users. The inclusion of these Third Party Materials and links thereto does not imply that St. John Fisher monitors or endorses these links or Third Party Material. You acknowledge and agree that St. John Fisher is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality, or any other aspect thereof. St. John Fisher does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
St. John Fisher shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site. St. John Fisher recommends that you install appropriate anti-virus or other protective software.
SITE AND MATERIALS PROVIDED “AS IS”
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. INSERT CLIENT NAME DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL ST. JOHN FISHER OR ANY OF ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold St. John Fisher, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms or in connection with your use of the Site.
Notice and Procedure for Making Claims of Infringement/Digital Millennium Copyright Act (DMCA)
St. John Fisher respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide St. John Fisher with a written communication including substantially the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement 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.
Please address your letter to: info@sjf.org
Feel free to email info@sjf.org. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. St. John Fisher is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through this Site or via e-mail that:
St. John Fisher has no obligation concerning such information;
the information is non-confidential;
St. John Fisher may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
the information is truthful and disclosure of the information does not violate the legal rights of others.
Governing law
The Site is controlled, operated, and administered by St. John Fisher from within the State of California. This Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of California, by accessing this Site, you acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the state of California and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Los Angeles County, California and acknowledge that you do so voluntarily.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
General
St. John Fisher’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties have requested that these Terms and all documents relating thereto be drawn up in English.
Contact
Questions about this Policy should be directed to info@sjf.org Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to St. John Fisher.