AGREEMENT TO USE
We appreciate your visit to and use of dev.studentsforlife.org; SFLA initiative websites at rockforlife.org and abolishabortion.com; the webstores at studentsforlife.storenvy.com and rockforlife.storenvy.com; and the donation portal at sfla.webconnex.com/sfla (collectively, the “Website”). What follows are mandatory terms and conditions for your use of the Website. This Agreement to Use StudentsForLife.org (“Agreement”) is a legally binding contract between you and Students for Life of America (“SFLA,” “we,” or “us”). Read this Agreement to the end and make sure you understand all of the terms and conditions.
Your use of the Website tells us that you have read the Agreement in its entirety and accept all of its terms, conditions, disclaimers, and limitations. If you do not accept any term or condition as articulated in this Agreement, you may elect not to use the Website.
I. Website Use
A. Permission to use the Website. SFLA grants you a non-exclusive, limited right to use the Website subject to the restrictions, limitations, terms, and conditions articulated in this Agreement.
B. Limitations. By your acceptance of this Agreement, you may: (a) access, view, and interact with the Website on one or more computers through the Internet; (b) download apps and resources made available on the Website; (c) use the Website to purchase SFLA merchandise; and (d) use the Website to donate to SFLA.
C. Prohibited Acts. You agree not to engage in or enable any prohibited act. Customer acknowledges that engaging in or enabling a prohibited act is a violation of this Agreement. Prohibited acts include, but are not limited to, (a) making unauthorized copies of the Website or any part thereof; (b) using the Website without a license or beyond the scope of your license; (c) reverse engineering, decompiling, or disassembling the Website or any source code related thereto; (d) uploading or transmitting any material through the Website that contains any virus, mal-ware, spy-ware, worm, Trojan, loggers, recorders, adware, bugs, or any other software object or code intended to cause harm to a computer or network system; (e) uploading or transmitting any material through the Website that contains any offensive, prurient, harmful, defamatory, or objectionable content as determined by SFLA; (f) using the Website to undertake any action that violates either the law of your jurisdiction and/or the laws of the United States of America; (g) uploading, storing, or transmitting any material that violates the rights of another, to include material that violates the patent, copyright, trademark, trade dress, trade secret, or other intellectual property rights of another party; (h) transmitting solicitations or advertising materials, to include spam or chain email; (i) providing false or misleading information about you or any organization with which you may or may not be affiliated; (j) engaging in public defamation or disparagement of the website or of SFLA; and (k) undertaking any action that is not expressly authorized in this Agreement.
II. Resources and Merchandise
A. SFLA Social Media Images and Flyers. SFLA grants to you a non-exclusive, royalty free license to make non-commercial use of SFLA’s social media images and publications (found at new.studentsforlife.org/pregnantoncampus/social-media-images/; new.studentsforlife.org/college/free-stuff/; new.studentsforlife.org/high-school/free-stuff/; and new.studentsforlife.org/med-law/medical-flyers/) to promote the pro-life message and pro-life events.
B. SFLA Intellectual Property. You agree that this Agreement grants you no ownership rights in the Website or to any of the intellectual property related thereto. You agree to take no action inconsistent with SFLA and its partners’ ownership in intellectual property on the Website. You further acknowledge that the Website contains other intellectual property owned by third parties that may be the subject of various forms of intellectual property protection.
C. Website Pricing. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only within the United States. Prices shown on the website do not include any shipping and handling fees or sales taxes unless otherwise stated on the site. If shipping and handling fees or sales tax are applicable to the order, they will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
D. Quantity Limitations. Please note that our receipt of an order via website, email, post/mail, fax or telephone and our confirmation of its receipt do not constitute acceptance or guarantee fulfillment of that order. Any and all products included on our website are only available while supplies last. While we diligently strive to fulfill all our orders as efficiently as possible, we cannot promise that all of the items featured on our site will be available at the time of sale.
E. Accuracy of Information. SFLA reserves the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information received from our suppliers, SFLA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
F. Cancelation of Orders. SFLA reserves the right to refuse or cancel orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SFLA will issue a credit to your credit card account in the amount of the incorrect price. If SFLA needs to cancel your order, we will keep you fully informed and try to offer you an alternative choice, if appropriate. We will not send you substitute items without your consent.
A. NO WARRANTIES AND LIMITATION OF LIABILITY. To the extent permitted by law, SFLA disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Website and the goods offered thereon. This Website, to include the online store, and all contents of this site are provided on an “as is” basis. SFLA shall not be liable for damages of any kind related to your use of or inability to access this site. SFLA assumes no liability or responsibility for any errors or omissions in the content of our Website. Your use of this Website is at your own risk. To the extent allowed by law, SFLA is not liable for any indirect, special, incidental, or consequential damages, including, without limitation, damages for loss of profits, loss of information, corruption or theft of data, viruses, spyware, or other pecuniary loss.
B. No Support for Third Party Websites. To the extent the Website provides hyperlinks to third party websites, such hyperlinks are for reference purposes only. SFLA has no control over such sites, their content, or their resources. Customer acknowledges that SFLA is not responsible for, does not endorse, and is not liable for any materials available from third party websites, or any damage or loss related thereto.
C. Disclaimer of System Security. SFLA has taken commercially reasonable steps to provide a secure system for your use of the Website. Such reasonable steps include but are not limited to limitations imposed via network, system, and computer infrastructure. You acknowledges that SFLA has taken commercially reasonable steps to provide a secure system and that SFLA does not guarantee that communications or transmissions via the Website shall be secure from monitoring or tampering. Your further acknowledge that there are risks inherent in Internet connectivity that could result in the loss of privacy, confidential information, and property, and you agrees to assume all risk related thereto.
D. Disclaimer of Harm from Public Internet and Wireless Access. Public Internet stations and Internet Protocol addresses, as well as broadband wireless Internet access, are accompanied by special risks. Even with encryption technology, your computer and web-based transmissions may still be subject to attacks from malicious users. If you elect to use a public Internet station, a public Internet Protocol address, or wireless Internet services, you assume all risk associated therewith. You agree to hold SFLA harmless for any harm you suffer due to another party monitoring your communications or transmissions.
A. Venue. Any claim or controversy arising out of or relating to this Agreement shall be settled by the Virginia state courts and/or the federal district courts for the Eastern District of Virginia and their courts of appeals.
C. Limitation on Action. Unless otherwise mandated by law, any action or proceeding by you to enforce any right or claim any way relating to this Agreement or the Program must be commenced within one year after the cause of action accrues. Failure to commence your action or proceeding within one year of accrual shall constitute a voluntary waiver of your claim(s) or cause(s) of action.
D. Choice of Law. This Agreement shall be construed under the laws of the State of Virginia.
E. Indemnification. You agree to indemnify and hold harmless SFLA in any legal dispute – to include all claims, prosecutions, and lawsuits – arising from any action you undertake that is prohibited under this Agreement. Such indemnification shall include, without limitation, attorneys’ fees arising or resulting from any prohibited use of the Website.
A. Termination. SFLA may immediately terminate your rights under this Agreement without notice if you fail to comply with any term or condition.
B. Modifications. SFLA’s rights set forth by this Agreement shall not be affected by a termination. SFLA reserves the right to alter or add to the terms of this Agreement at any time. SFLA also reserves the right to modify, suspend, or impose new terms on the Website or accompanying services upon notice by any reasonable means, including sending you an email notification or posting such changes to the Website.
A. Complete Agreement. This Agreement is a complete statement of the agreement between you and SFLA and sets forth the liability of SFLA and your exclusive remedy with respect to the Website and the use thereof. Agents and employees of SFLA are not authorized to make modification to this Agreement or to make any additional representations, warranties, or guarantees binding on SFLA. Any waiver of the terms by SFLA must be in writing and signed by an authorized officer of SFLA.
B. Delay. You agree not to hold SFLA liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
C. Waiver. Waiver by SFLA of a violation of any term or condition of this Agreement is not a waiver of future compliance, and that provision, as well as all other provisions of this Agreement, remain in full force and effect.
D. Survival. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.