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Terms of Use

/Terms of Use
Terms of Use2018-09-20T16:32:47-05:00

Special Olympics Minnesota Website Terms of Use

Effective date: Aug. 1, 2018

The websites at specialolympicsminnesota.org and plungemn.org (the “Sites”) are owned and operated by Special Olympics Minnesota (“SOMN,” “we,” “our,” “us”) subject to these terms and conditions (“Terms”). These Terms describe the rules for using the Sites, including all subsidiary webpages, and access to any optimized version of the Sites via a wireless device, and are legally binding between you, the person using the Sites, and us.

By accessing and using either of the Sites, you agree to be bound by the Terms applicable to the Site and our Privacy Policy. We may update these Terms at any time, and such updated versions will be posted on the Sites. By continuing to use the Sites after the Terms are updated, you consent to any such updated version of the Terms. If you do not want to agree to these Terms or any updates, you must not access or use the Sites. You are encouraged to check this page frequently so you are aware of any changes, as they are binding on you. These terms govern all purchases or donations made through the Sites.

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable to you at any time.

Information Accuracy

We may update the content of the Sites, and will make reasonable efforts to ensure that the information presented is accurate. However, the content is not necessarily complete or up-to-date. Any of the Sites’ content may be out of date at any given time, and we are under no obligation to update such material. To report any website inaccuracies, request answers to questions about our policies or about the information on the Sites, email us at [email protected].

Registration

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Acceptable Use

You may use the Sites only for lawful purposes and in accordance with these Terms. You may not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or other users of the Sites or expose them to liability. You agree not to use the Sites or any content for any illegal or improper purpose. Without limiting the generality of the foregoing, you agree not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server(s) on which the Sites are stored, or any server, computer or database connected to the Sites; attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Sites.

Refund Policy

If we offer the option to make payments by credit card on one of the Sites, you may request the cancellation or refund of a credit card transaction within 30 days of the date of purchase. SOMN may choose to allow the requested cancellation or refund in our sole discretion. In the event we allow cancellation or refund, either the purchaser’s card will be credited or a check will be mailed via U.S. Post to the purchaser. Questions and concerns regarding the refund policy can be directed to 800.783.7732.

Intellectual Property Rights

The Sites and the entire contents, features and functionality, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof is the exclusive property of SOMN, or, if applicable, our licensors or other providers of such material, and is protected by U.S. and international copyright laws. We reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The Special Olympics Minnesota name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of SOMN or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Links from the Sites

If the Sites contains links to other websites and resources provided by third parties, these links are provided for your convenience only and do not imply any endorsement of the material on those websites by SOMN. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

The owner of the Sites is based in the state of Minnesota in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

EXCEPT AS EXPLICITLY PROVIDED FOR IN THESE TERMS, THE SITES AND ALL CONTENT AND ANY PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOMN AND ANY THIRD PARTY PROVIDERS OF CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITES, CONTENT OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Limitation of Liability

SOMN shall not be liable for any damages or injury caused by or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, information theft, computer virus, line failure or any cause beyond our reasonable control. You agree to defend, indemnify, and hold harmless SOMN and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or content (“Site-Related Parties”) from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the content or Sites.

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, CONTENT OR PRODUCTS OR SERVICES OFFERED ON THE SITES. THIS PROTECTION COVERS CLAIMS BASED ON ANY LEGAL THEORY. THE TOTAL CUMULATIVE LIABILITY OF THE SITE-RELATED-PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE GREATER OF AMOUNTS PAID TO US BY YOU OR $1.00.

IN NO EVENT SHALL THE SITE-RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITES OR CONTENT ARE EXCLUDED EVEN IF THE SITE-RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE SITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR THE CONTENT OR ANY SERVICES OFFERED THROUGH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR ANY SERVICES OFFERED THROUGH THE SITES.

If you live in a jurisdiction other than New Jersey, the above limitations and exclusions apply to the extent permitted by law.

Governing law; Jurisdiction

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with SOMN relating to your use of the Sites is in the state and federal courts in Hennepin County, Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving SOMN or its employees, officers, directors, agents and providers.

Miscellaneous

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SOMN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and SOMN with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Sites, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact Us

If you have any questions about these Terms or the operation of the Sites, you may contact us at [email protected].

We've updated our Privacy Policy. Use of this site is governed by and is deemed as your acceptance of our Terms of Use. If you do not agree to the Terms of Use, you must not access or use this site. OK