TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS.
SEAL Future Fund, Inc. (“SFF”) is a New York not-for-profit corporation whose mission is to provide resources to equip active duty and veteran Navy SEALs for success in the civilian world.
These Terms and Conditions (these “Terms and Conditions”) constitute a binding agreement between you and SFF governing your use of the website http://www.sealfuturefund.org (the “Site”), interaction with other users of the Site (each a “User,” and collectively, “Users”) and all content on the Site such as text, captions, articles, information, images, photos, applications, and other information, services and materials (collectively, “Content”) made available to Users by SFF and/or third parties.
1. Ownership of Content
All rights, including without limitation intellectual property rights (including without limitation copyrights, trademarks, trade secrets and patents), in the Content are the property of SFF or its respective holders unless indicated otherwise. SFF retains all rights in the individual pages and their components, and collective works available on the Site. The Content is protected by state, federal, international and worldwide intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by SFF in writing. SFF, the Site, and the logos associated with these properties are trademarks and the property of SFF. All other names and trademarks on the Site are the property of their respective holders. You have no right to and shall not modify, license, publish, participate in the licensing or sale of, create derivative works of, or in any way exploit any of the Content or other property interests of SFF, in whole or in part, unless expressly authorized in writing to do so by SFF.
Subject to the term of these Terms and Conditions, SFF hereby grants you a personal, non-exclusive license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization or person, use the Site, subject to the conditions that (1) you may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, sell or transfer any Content, information, or services obtained or accessed from the Site unless the law otherwise provides or SFF gives you prior written permission; (2) in no circumstance shall title to any Content found on the Site be transferred to you by function of this license; and (3) you may not use the Site or any Content for any purpose that is unlawful or to solicit the performance of any illegal activity that infringes upon the rights of SFF or others. Any unauthorized use of any Content or information on the Site may violate patent, copyright, trademark, and other laws.
3. Termination of License
SFF may terminate this license at any time if you are in breach of any of the terms or conditions of these Terms and Conditions. Upon termination, you shall immediately destroy any and all Content in your possession, if any, and cease use of the Site. SFF reserves the right, in its sole discretion, to discontinue or make changes to the Site and/or Content at any time.
4. Qualification for Use and Access to the Site
5. General Disclaimers
THE SITE AND ANY INFORMATION AND CONTENT PROVIDED AT OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL SFF, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, REPRESENTATIVES AND AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE CONTENT; (2) RELIANCE ON THE CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR DISCLOSURES; (4) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE; (5) ANY OTHER FAILURE TO PERFORM BY SFF OR SFF’S CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH SFF CONDUCTS BUSINESS, OR (6) INFORMATION COMMUNICATED THROUGH FORUMS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, SFF IS NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND YOU RELEASE SFF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, REPRESENTATIVES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH PARTIES. SFF ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, CONTENT, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to you. SFF and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, representatives and agents further do not warrant the accuracy or completeness of any of the information, text, graphics, links or other items contained within the Content. SFF may make changes to the Content, or to the Site or the services and/or materials described therein, at any time without notice to you. SFF makes no commitment to update the Content. Any description of Content is not a representation that any such Content is available for distribution in your location.
6. Limitation of Liability
IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS AND CONDITIONS, SFF SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $1.00. YOU AND SFF AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SFF. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SFF WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SFF’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold SFF, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, representatives and agents harmless against any claims, losses, expenses, liabilities, costs or damages (including SFF’s reasonable attorneys’ fees, expert fees and other reasonable costs of litigation, including any incurred in any enforcement of this provision or these Terms and Conditions) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms and Conditions; (2) your unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Content; and/or (3) the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person using your username (if you have a username for the Site).
You hereby grant SFF and its affiliates, vendors, service providers, and organizations with which SFF works (1) a world-wide, non-exclusive, perpetual, irrevocable, transferrable, fully-paid and royalty-free license to use, copy, reproduce, modify, promote, publish, translate, adapt, prepare derivative works based upon, distribute, sublicense (through multiple levels), perform, display, make commercial use of, offer for sale, sell, profit from, store, transmit or otherwise exploit your Communications, in whole or in part (including but not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein), in any form, media or technology known or hereafter developed for any purpose, including but not limited to advertising and promotional purposes, to the extent permitted by applicable law, and (2) the ability to grant other Users of the Site, without your further permission or approval, a license with respect to your Communications as set forth in Section 2 of these Terms and Conditions.
You hereby waive any and all claims against SFF for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with SFF’s use, dissemination and publication of your Communications. SFF shall be free to use any information, ideas, concepts, know-how or techniques contained in such Communications for any purpose whatsoever including but not limited to developing, manufacturing, marketing, offering for sale, and selling products and services incorporating such information.
You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which you are located. You specifically agree that you are solely responsible for your conduct on the Site. You represent and warrant that: (i) you own the Communications posted by you or you otherwise have the right to grant the license set forth in these Terms and Conditions, and (ii) the posting and submission of Communications by you does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any Communications posted by you.
You are solely responsible for the Communications that you post, and any material or information that you transmit to SFF, the Site, other Users and for your interactions with other Users. SFF does not endorse and cannot control the Communications. SFF does not necessarily review Communications prior to posting and the Communications may not reflect SFF’s opinions or policies. SFF makes no warranties, express or implied, as to the Communications or to the accuracy and reliability of the Communications or any material or information that you transmit to SFF or other Users.
You shall not post, submit, email or make available any Communications or other content such as text, information, images, software and other information, services and materials on the Site, using or through the Site, or to any Users of the Site:
- in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other privacy rights, proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, “chain letters,” “pyramid schemes,” advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms and Conditions, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Site;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by SFF;
- to impersonate a SFF employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;
- to interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other Users’ ability to use the Site;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage SFF’s account or to monitor or copy the Site or the Content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or to Users; or
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in User Communications; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you shall not:
- “Stalk” or otherwise harass anyone;
- Request, solicit or otherwise obtain access to information or other authentication credentials from any User of the Site, including any of the foregoing from SFF, or to proxy authentication credentials for any User for the purposes of automating any actions on the Site;
- Use any profanity on the Site;
- Use the name “SFF” or any of the slogans that appear on the Site as any part of the name of your name or e-mail address;
- Post any Communications containing child pornography to the Site. SFF absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any data or information collected from Users, to law enforcement, including the National Center for Missing and Exploited Children;
- Post any Communications that SFF determines in its discretion depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any Communications that SFF determines in its sole subjective discretion constitutes pornography or is adult in nature;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site;
- Post irrelevant Communications, repeatedly post the same or similar Communications or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to gain unauthorized access to SFF’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;
- Take any action that may undermine any feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to SFF or the Site); or
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
You shall not authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct. You shall immediately notify SFF in the event of an actual or threatened claim that you have violated any of the terms or conditions contained in these Terms and Conditions.
You are prohibited from revealing the name or other personally identifying information of any other Users unless that other individual User has previously revealed his or her own name or personally identifying information in Communications sent by that User to the Site or to SFF. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, may be punishable under state and federal laws.
SFF reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
9. Cooperation with Government Authorities
If necessary or reasonably determined by SFF to be advisable or appropriate, and in accordance with applicable law, SFF will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, SFF, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, representatives and agents in order to: (1) prevent unauthorized use of this Site; and/or (2) comply with any requirements of law or judicial process that are applicable to SFF.
10. Linked Sites
Other websites, materials, or locations that may be linked to or from the Site (“Linked Sites”) are not under the control of SFF and SFF is not responsible for, nor does it certify, the content of any Linked Sites or any link contained in a non-affiliated Linked Site. SFF reserves the right to terminate any link or linking program at any time. The inclusion or omission of Linked Sites is not intended to endorse any particular companies or services. If you decide to access a Linked Site, you do so entirely at your own risk. Any links to any portion of the Site are the responsibility of the linking party, and SFF is not responsible for notification of any change in name or location of any information on the Site. SFF reserves the right to request any web site administrator to disable or remove any link that violates any rights of SFF or causes interruption or deterioration of Content provided by SFF.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SFF’s Copyright Agent the written information specified below:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit SFF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying SFF that your copyrighted material has been infringed. SFF’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
SEAL Future Fund, Inc.
1 Astor Place
New York, New York 10003
Attn: Copyright Agent
12. Applicable Laws
The Site is controlled by SFF from its offices in New York, United States. SFF makes no representation that Content on the Site is appropriate or available for use in other locations; access to the Site and/or Content from territories where such access and Content is illegal is prohibited. Users accessing the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You may not use or export any Content in violation of United States export laws or regulations.
13. Dispute Resolution
Any dispute between you and SFF arising out of these Terms and Conditions shall be resolved first by direct communication with one or more of SFF’s management team members. Should you and SFF be unable to resolve the dispute by communication and both you and SFF jointly agree to do so, you or SFF may submit any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, exclusively to final and binding arbitration administered by the American Arbitration Association nearest the place of SFF’s headquarters. The arbitrator shall fully implement the intent and purposes of these Terms and Conditions and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO PROCEED BEFORE A JURY. You also agree that arbitration under this provision shall be solely between you and SFF on an individual basis and there can be no class or other representative arbitration. This means you and your counsel, if any, shall have no right to represent anyone but yourself in any arbitration.
14. Entire Terms and Conditions and Revisions to Terms and Conditions
SFF may occasionally, and reserves the right at any time to, update or otherwise revise these Terms and Conditions. If SFF does update or revise these Terms and Conditions, SFF will update the “Last Updated” date at the bottom of these Terms and Conditions. You should review these Terms and Conditions each time you access the Site to stay informed about the terms and conditions that apply to your use of the Site.
YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND ANY UPDATES TO THESE TERMS AND CONDITIONS.
Your right to access and use the Site and/or Content immediately terminates without further notice upon your breach of these Terms and Conditions. SFF may terminate or suspend these Terms and Conditions and/or your right to use the Site at any time, with or without cause. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, and 21 of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions for any reason whatsoever.
SFF may assign these Terms and Conditions, in whole or in part, in its sole discretion. You may not assign these Terms and Conditions or any of your rights or obligations under these Terms and Conditions without SFF’s prior written consent, which may be withheld in SFF’s sole discretion. Any attempt by you to assign any of the foregoing without SFF’s consent shall be null and void.
17. Waiver of Breach
Any failure to enforce any term or provision of these Terms and Conditions shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms and Conditions. In addition, any failure to enforce any term or provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other term or provision of these Terms and Conditions.
18. Force Majeure
SFF shall not be liable for any failure or unavailability of the Site and/or Content as a result of strikes, lockouts, calamities, acts of God, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond SFF’s control.
You agree that, where SFF is required to provide you with notice under these Terms and Conditions, acceptable and sufficient forms of notice include, but are not limited to, the following:
- e-mail to the most recent e-mail address that you provided to SFF, regardless of the current status of that e-mail address; or
- written communication delivered by first class U.S. mail to the most recent physical address that you provided to SFF, regardless of the current status of that physical address.
SFF shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.
You accept sole responsibility for providing SFF with notice of changes to your physical address and/or your e-mail address.
Except as otherwise set forth above, you may give notice to SFF at any time only via electronic mail to email@example.com and by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
SEAL Future Fund, Inc.
1 Astor Place
New York, New York 10003
Attn: Managing Director
The headings of articles and sections contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
If any provision of these Terms and Conditions shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
Last Updated: January 22, 2015