Terms of Use

TERMS OF USE

 

Introduction – Thank you for visiting the First Descents website (the “Site”).  Please note that the information, products and services First Descents provides through the Site are subject to the following Terms of Use, an agreement between you and First Descents which governs your use of the Site.  These Terms of Use apply only to websites operated by or on behalf of First Descents and specifically to those websites hyperlinked to these Terms of Use (the “Sites”).  The references to “First Descents,” “we” or “our” in these Terms of Use mean First Descents, the Colorado nonprofit corporation.

 

Acceptance – These Terms of Use govern your use of the Sites.  Please review the information carefully. By using the Sites, you agree that you have read, understand, accept, and will be bound by the Terms of Use, and you specifically agree not to use the Sites in violation hereof.  If you do not agree to the Terms of Use, please do not use the Sites.

 

The Sites are intended for use only by citizens of the United States, eighteen (18) years of age or older, who have the capacity to enter into a valid agreement.  By accessing the Sites, you represent you meet these qualifications. First Descents reserves the right to change, update or modify any part of the Sites, including these Terms of Use or its Privacy Policy, at any time without notice.

 

Accuracy – First Descents offers the Sites, the products, services and information contained therein, in order to further its mission of offering young adult cancer fighters and survivors a free outdoor adventure experience designed to empower them to climb, paddle and surf beyond their diagnosis, to defy their cancer, reclaim their lives and connect with others doing the same.  First Descents strives to provide you with accurate, current information about its products and services.  Despite these efforts, sometimes inaccuracies within the Sites may occur; First Descents does not warrant that the Sites will be free from error, and it disclaims any duty to correct such errors.  For these reasons, it is advisable to contact us directly to confirm the accuracy of the contents of the Sites prior to submitting any information or acting in reliance on the Sites.  Additionally, First Descents reserves the right to change its pricing, guarantees and warranties without notice.

 

Finally, you understand and agree that the information provided on this Site is informational only and in no way constitutes an offer for the sale of goods or to provide a service until such transaction is confirmed by First Descents.  Therefore, to the extent permitted by law, First Descents shall not be responsible for errors found on its Sites, including but not limited to, pricing errors or incorrect specifications of any products or services we offer for through the Sites.

 

Ownership of this Site – The Sites are owned solely and exclusively by First Descents.  You acknowledge and agree that the contents and materials made available on this Site are protected by copyrights, trademarks, and/or other intellectual property rights and laws.  Use of this Site does not grant you a license of any kind to use any part of the Site’s contents for any purpose, commercial or otherwise, without the express written consent of First Descents.  You may not copy, create derivative works from, license or publish any part of the Sites.  You may not use any hidden text, meta-tags or any other linking mechanism which incorporates the intellectual property of First Descents without its express written consent.  Finally, linking, framing, packet sniffing, search engine index spamming, automatic or semi-automatic data-mining, or the use of a device or mechanism of any kind to monitor, penetrate or hack the Sites is strictly prohibited.

 

Intellectual Property – The Sites are protected by copyright, trademark and other intellectual property rights of First Descents.  First Descents owns the trademarks and service marks that appear within the Sites which refer to First Descents or which create a connection to First Descents with its donors, customers and the public.  You may not use these marks in order to suggest an affiliation with First Descents where one does not exist (as evidenced by a formal written agreement with us providing for such use).  Trademark law compels trademark owners to discover and stop unauthorized users and infringers; any unauthorized use of First Descents’ intellectual property will be prosecuted.  Trademarks not owned by First Descents that appear on the Sites are property of their respective owners, who may or may not have a business relationship with First Descents.  First Descents makes no representations or warranties of any kind through the appearance of such third party marks.

 

LIMITATION OF LIABILITY – THIS SITE IS PROVIDED “AS IS” AND YOU USE IT STRICTLY AT YOUR OWN RISK.  FIRST DESCENTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES: (1) ARE SUITABLE, RELIABLE, GENERALLY AVAILABLE, CURRENT OR ACCURATE; (2) SHALL CONTINUOUSLY MAKE AVAILABLE THE PRODUCTS AND SERVICES OF FIRST DESCENTS; (3) SHALL BE FREE FROM ERRORS OR OMISSIONS; OR (4) SHALL BE FREE FROM VIRUSES OR MALICIOUS PROGRAMS.  FIRST DESCENTS EXPRESSLY DISCLAIMS ANY CONTRARY REPRESENTATIONS OR WARRANTIES.  YOU ASSUME THE RESPONSIBILITY FOR USING THIS SITE.  FIRST DESCNETS MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION ACCESSED THROUGH THE SITES.  FIRST DESCENTS HEREBY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT SHALL FIRST DESCENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE ARISING OUT OF USE OF THE SITES, INCLUDING WITHOUT LIMITATION, LOST DATA, PROFITS OR REVENUE, EVEN IF YOU ATTEMPT TO NOTIFY FIRST DESCENTS OF THE POSSIBILITY OF SUCH DAMAGES.

 

Submitted Information – The use of personally identifiable information is governed by these Terms of Use and more specifically by our Privacy Policy.  Information which does not contain personal identifiers that is submitted to First Descents through the Sites is not proprietary and you shall have no expectation of privacy once it is submitted; First Descents may use such information for any purpose in its sole discretion without compensating you.

 

Links – The Sites contain links to third party websites not affiliated with First Descents.  First Descents makes no representations about the content of these websites, the website owners and any subsequent links.  First Descents makes no representations about their accuracy or legal compliance.  First Descents makes no endorsement of any kind by presenting such links within the Sites.  You assume all risks associated with linking to such websites from the Sites, including loss and damages that are direct, indirect, special or consequential in nature.

 

Violations of the Terms of Use – In the event you violate any part of these Terms of Use, First Descents may terminate your access to the Sites immediately and without notice.  However, our decision not to terminate access has no binding effect.  Finally, First Descents may pursue a civil lawsuit or aid law enforcement in a criminal prosecution for any illegal activities involving use of these Sites; this may include disclosure of your personally identifiable information pursuant to subpoena.

 

Indemnification – By using the Sites you agree to defend, indemnify and hold harmless First Descents, its affiliates, respective officers, directors, agents, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorneys’ fees and costs), related to your use or inability to use the Sites, including but not limited to claims for negligent acts, errors or omissions, and/or breach of warranty, express or implied, that may be sustained by First Descents.

 

Severability – The invalidity or unenforceability of any provision of these Terms of Use, or part thereof, as determined by a court of competent jurisdiction, shall not affect the validity or enforceability of any other provision of these Terms of Use, or part thereof, which shall remain in full force and effect.  You agree that if any of the covenants, agreements or restrictions binding on you are held to be invalid by any court of competent jurisdiction, such holding will not invalidate any of the other covenants, agreements and/or restrictions herein contained and such invalid provisions shall be severable so that the invalidity of any such provision shall not invalidate any others.  Moreover, if any one or more of the provisions contained in these Terms of Use shall be held to be excessively broad as to duration, territory, activity or subject, such provisions shall be construed by limiting and reducing them so as to be enforceable to the maximum extent allowed by applicable law.

 

Waiver – Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder on any one or more occasions be deemed a waiver or relinquishment of such right or power on any subsequent occasions.  No waiver shall be valid unless in writing and signed by an authorized officer or director of First Descents.

 

Jurisdiction – First Descents administers the Site from its offices in Denver, Colorado USA.  The Site is accessible through various global networks.  By accessing this Site, you agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Colorado; exclusive jurisdiction and venue for any legal proceedings related to them shall be in the District Court for Denver County, Colorado or in the United States Federal Court for the State of Colorado.  By using the Sites you consent and submit to the jurisdiction of these courts for the purposes of litigating any such action; you also waive the right to argue that you are not subject to the courts’ personal jurisdiction or that venue is improper.

 

DMCA Notice – First Descents will respond appropriately to legitimate claims of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”).  If you believe a copyright in your work has been infringed by an improper posting within the Sites, please send us written notice pursuant to the DMCA at Contact Us <http://firstdescents.org/Support/SiteHelp/Contact.aspx>, via facsimile at (303)474-3005 and by U.S. Mail at First Descents, 767 Santa Fe Drive, Denver, CO 80204.

 

***