BSAUniforms.org Terms of Use
This Terms of Use agreement ("TOU") sets forth the terms, conditions
and guidelines for use of the BSAUniforms.org Web site (the "Site")
and the services offered on it. This TOU constitutes a legally binding
contract between the user ("you" or "your"), on the one hand, and Boy
Scouts of America, its Councils, suppliers and providers, (collectively
"we", "us" or "our"), on the other hand. Please read this TOU
carefully before using the Site or activating an account with us. By
using the Site or completing a purchase, you acknowledge that you have
read this TOU, understand it and agree to be bound by its terms,
conditions and guidelines, as we may amend from time to time by posting
any revised TOU on the Site.
Privacy
Our use of your personal information collected on the Site is governed
by the terms of the BSAUniforms.org Privacy Statement. The
BSAUniforms.org Privacy Statement sets forth our sole obligations
with respect to user data and privacy.
Children
While we cannot prevent children under the age 13 from viewing the
Site, children under the age of 13 may not use or register for the
services offered on the Site or purchase merchandise through the Site
without parental permission. We strongly encourage parents and
guardians to supervise the activity of all children under the age of 18
when using the Internet.
Trademarks
This web site contains logos, service marks, and trademarks of the Boy
Scouts of America, which may not be used for any purpose without the
express written permission of the Boy Scouts of America. All other
trademarks that may appear on this web site are the property of their
respective owners.
Copyright
Boy Scouts of America and BSAUniforms.org retain all right, title
and interest in and to all content (and all compilations thereof),
including without limitation, any text, music, sound, photographs
video, images, illustrations, icons, graphics, headers, typefaces,
data, inventory information, databases or software, that appears on the
Site (the "Content"). The Content is protected by U.S. and
international copyright law. No right, title or interest to any of the
Content is transferred to you by your use of the Site. You may access
and view the Content solely for personal, noncommercial purposes. You
may copy limited portions of the Content solely by page caching or
printing and solely for personal, noncommercial use, provided that (i)
you do not make such Content available to any third party and (ii) you
do not remove any proprietary notice from such Content, or alter the
Content in any way. You may not: modify, delete, add to, or create
derivative works of the Content. You may not publish, distribute,
transmit, broadcast or frame the Content in any manner; copy or post
the Content for public display; collect, re-purpose or reuse any data
or product listings contained in the Content; sell or attempt to sell
the Content; exploit the Content for your own purposes; or make
derivative use of the Site or its Content. In addition, you agree not to
rely on any Content created or posted by us.
Contributed Content
You hereby assign to BSAUniforms.org all right, title and interest
in and to the content including the right to reproduce and display the
content through any means, hosting service, or third-party
administrator (including without limitation any text, music, sound,
photographs, video, images, illustrations, icons, graphics, and data)
that you may post on the Site or provide to us in connection with the
Site (the "Contributed Content"). When submitting Contributed Content
to us, you must not use a false name or email address or otherwise
attempt to conceal the origin of your submission. You grant
BSAUniforms.org the right to use, at its discretion, your name or
other identifying information in connection with Contributed Content.
You represent and warrant to and for the benefit of BSAUniforms.org
that at the time of submission, (i) you own or otherwise control all
rights in the Contributed Content, including copyright (ii) the
Contributed Content is accurate; (iii) the Contributed Content does not
violate any law or infringe any third party privacy or intellectual
property rights; and (iv) the Contributed Content contains no material
that is defamatory, obscene, vulgar, profane, harassing, or
threatening. You agree to indemnify us for all claims arising from or
related to Contributed Content. While we have no obligation to monitor
Contributed Content, we expressly reserve the right to edit or to
remove any Contributed Content we deem to be inappropriate for any
reason.
Amendments and Corrections to Content
We do not guarantee the accuracy, completeness or reliability of
information appearing on the Site. The Site may contain errors and
omissions relating to product description, pricing and availability. We
reserve the right to correct or update errors or omissions and to
change information at our discretion without prior notice. We also
reserve the right to cancel an order for a product in the event of an
error or omission in the description of such product, including
incorrect pricing information, whether due to a typographical error, an
error in information received from our suppliers, or otherwise. By
using the Site, you agree to hold us harmless from any claims relating
to errors or omission on our Site.
User Responsibilities
You agree that all registration information you provide on the Site
will be accurate and complete. Your provision of inaccurate or
incomplete information constitutes a material breach of this TOU.
For certain activities you conduct on the Site, you will receive or
have received an account name and a password. We retain ownership of
your account and license it to you on a limited, nonexclusive basis for
the duration of your account activation. It is solely your
responsibility to keep your account information and password secure.
You must not disclose your password to anyone except persons whom you
have authorized to use your account, and you assume all resulting
liability from use of the Site for such authorized person(s). You agree
to notify us immediately of any unauthorized use of your account or any
other breach of security of which you know or suspect. We disclaim all
liability arising from or related to your failure to keep your account
name and password secure.
Prohibited Uses
You agree to use the Site and all related services only for lawful
purposes and not to allow others to use your account for any unlawful
purpose. You further agree to abide by the terms and conditions of any
third-party assisting with the hosting or administration of this Site
in addition to these TOU.
Use of the Site in violation of any applicable law, regulation,
ordinance, or other rule imposed by any governmental authority is
prohibited. We expressly prohibit any unauthorized third party linking
to BSAUniforms.org, including links to the home page or any other
page on the BSAUniforms.org domain.
Indemnity
You agree to indemnify and hold us and our councils, partners,
telecommunications providers, service providers, officers, employees and
agents harmless from any claim or demand, including attorneys' fees,
made by any third party due to or arising out of your use of the Site
or any related services, any Contributed Content, your violation of the
TOU, or your violation of any third-party rights, including without
limitation, the infringement by you, or any other user of your account,
of any intellectual property rights, privacy rights, or other rights
of any person or entity.
Limitation of Liability
In no event will we, our suppliers, service providers, councils, or
other third parties affiliated with us be liable for any indirect,
incidental, extraordinary, exemplary, punitive or consequential damages
whatsoever (including without limitation those resulting from lost
profits, lost data or business interruption) arising out of the use or
inability to use the site or related services, the results of such
services, or any information contained on the site, or in such
services, whether such damages are based on warranty, contract, tort or
other any other legal theory and whether or not such party is advised
of the possibility of such damagers. Our aggregate liability and the
aggregate liability of any of our suppliers, councils, or service
providers, arising from or relating to this TOU (regardless of the form
of action or claim, e.g., contract, warranty, tort, strict liability,
negligence, malpractice, fraud or any other legal theory) is limited to
one-hundred dollars ($100). Applicable law may not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Web site Use and Disclaimer of Warranties
This site and all related services are provided on an "as is" and "as
available" basis and with all faults, and the entire risk as to
satisfactory quality, performance, accuracy and effort is with the user.
Except for the express warranties explicitly provided herein, neither
we nor our partners, providers, or councils make any representations or
warranties of any kind, express or implied as to the operation of the
site, the content, any information made available through the site, or
any transactions entered into by use or through the site. To the extent
permitted by law, we and our partners, providers and councils disclaim
all warranties, express or implied, including by not limited to,
implied warranties of merchantability, accuracy, title, fitness for a
particular purpose, non-infringement and quiet enjoyment. Neither we
nor our partners, providers or councils warrant that use of the site or
any related services will be uninterrupted, available at any time or
from any location, secure or error-free, or free of viruses or other
harmful components. Neither we nor our partners, providers or councils
warrant that the site will meet your requirements or that any defects
will be corrected. Furthermore, neither we nor our partners, providers
or councils make any warranty as to the results that may be obtained
from use of the site, or as to the accuracy, completeness, reliability
or timeliness of any information available on or through the site.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of the site is at your discretion
and risk and that you will be solely responsible for any damage to your
computer, system or loss or data that may result from the downloading
of such material and/or data.
No advice or information, whether oral or written, obtained by you
from us or through the site shall create any warranty not expressly
made herein.
Violation of TOU
Please also note that at any time, if we determine that you have
abused or violated the letter or intent of any of these terms,
conditions or guidelines, or any applicable law, we reserve the right
to terminate or suspend your access to the Site and all related
services, initiate an investigation, remove materials from our servers,
issue a warning, block any prohibited activity, and take any other
responsive action. Users who violate this TOU may additionally incur
criminal and/or civil liability.
Modifications
Please note that we may change this TOU at any time by posting the
modified TOU on the Site, or by otherwise notifying you of such change.
Use of the Site after such changes are posted constitutes acceptance
of all changes.
Applicable Law
The TOU shall be governed by and construed in accordance with the laws
of the state of Texas as it is applied to contracts entered into by
residents of the state of Texas.
This TOU (including the BSAUniforms.org Privacy Statement,
incorporated herein by reference) constitute the entire agreement
between you and us with respect to the subject matter herein and
supersede any and all prior or contemporaneous oral or written
agreements. You may not assign this agreement to any other party.
Disputes
Any dispute relating in any way to your visit to BSAUniforms.org or
to products you purchase through the web site shall be submitted to
confidential arbitration in Dallas, Texas, except that, to the extent
you have in any manner violated or threatened to violate the Boy Scouts
of America's intellectual property rights, the Boy Scouts of America
may seek injunctive or other appropriate relief in any state or federal
court in the state of Texas, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted by a single arbitrator under the rules then prevailing under
the Commercial Arbitration Rules of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
Policy for Claims of Infringement of Copyrighted Material
If you believe that material is posted on the Site in a manner than
infringes your copyright, please notify us by providing the following
information in writing to our Copyright Agent:
Boy Scouts of America Copyright Agent for notice of claims of copyright infringement on BSAUniforms.org is:
David Park, Esq.
Boy Scouts of America
National Council
1325 West Walnut Hill Lane
Irving, TX 75015-2079
Phone: (972) 580-2000 begin_of_the_skype_highlighting (972) 580-2000 end_of_the_skype_highlighting