You acknowledge and agree that all trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site (collectively, the “Site Materials”) are the sole and exclusive property of, and are owned and controlled by, LJFF, its affiliates, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly, by implication or otherwise, any license or right to use any Site Materials without LJFF's or the applicable owner's prior written permission in each instance. LJFF reserves all rights in and to the Site and the Site Materials.
The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) are protected as, among other things, a compilation under the copyright laws of the United States and other countries. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary other notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
You must notify LJFF immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. You acknowledge and agree that LJFF may send you information and notices regarding your account and the Site by email, text message or any other means based on the information you provide to us.
In accordance with the Children's Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. YOU MUST BE OVER 18 YEARS OF AGE TO ORDER FROM THE SITE.
If you place an order with us, we may hold personal information, including, without limitation, your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es) and information resulting from authentication and/or identity checks so that we can process and fulfill your order. All orders are subject to acceptance and availability. Company reserves the right not to accept your order in the even that, for example, we were unable to obtain authorization for payment, shipping restrictions apply to a certain item or the item ordered is out of stock. Payment will be debited and cleared from your account upon completion of the packing of your order. All prices listed are exclusive of applicable taxes. You must confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
For your security, your billing name and address must match that of the credit card user for payment. We reserve the right to cancel any order that does not meet this requirement. Orders will be shipped to the address designated by you if such address is compliant with the shipping restrictions contained in the Shipping Policy on this Site. All risk of loss and title for items purchased from this Site pass to you upon delivery of such items to the carrier. You are responsible for any claims with carriers for damaged and/or lost shipments. You may learn more about our Return Policy by visiting that section of the Site.
You will retain ownership rights in material and content you own and that you post on or submit or upload to the Site, but LJFF will obtain certain rights in that material and content. Accordingly, by submitting, posting and/or uploading any material, information, suggestions, ideas, designs, concepts, know-how, techniques, questions, comments or any other communication or content in any form or in any manner to the Site (“User Communications”), you grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display the User Communications, and/or to incorporate the User Communications in other works, and to exploit the foregoing in any manner and in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without attribution to, compensation to, or prior approval by, you or any other party (“User Communications License”).
By making a User Communication, you represent and warrant that (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communications, and the exercise by LJFF of the rights granted to it under the User Communications License in relation to such User Communication, do not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communications do not contain software viruses, worms, time bombs, Trojan horses, spiders, spybots, commercial solicitations, chain letters, mass mailings, any form of spam, or any other content prohibited under this User Agreement.
The opinions expressed by users and/or visitors of the Site (collectively, "Site Users") are not necessarily those of LJFF, LeBron James or any affiliates thereof. All statements, advice, opinions expressed, and content provided by Site Users ("Site User Communications") are those of such Site Users only, and we neither endorse nor shall be held responsible for such Site User Communications for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by the Site User Communications, including but not limited to your reliance on information or materials obtained through the Site User Communications and/or any other content on or from the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online.
LJFF has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and LJFF shall not be responsible or liable for) your interactions with other Site Users. LJFF is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users (“Interactions”), or any disputes arising therefrom. You hereby irrevocably release LJFF, LeBron James and all their respective affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
You may not submit, post, upload or transmit any material or content on or through the Site that:
We may, for your convenience, provide you with links to other websites from the Site ("Linked Sites"). LJFF is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. LJFF does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site.
LJFF takes all possible steps to ensure the accuracy of the information included in this Site. However, LJFF takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice. Company has made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice.
To send a notice, please forward the following information to The LeBron James Family Foundation, 3800 Embassy Parkway, Suite 360, Akron, OH 44333, Attn: Michele Campbell, firstname.lastname@example.org:
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
Please note that we do not accept unsolicited ideas, designs or other materials for use in our business. We are not responsible for the similarity of any of our ideas, designs or other materials, to the ideas, designs or other materials transmitted or posted to the Site or otherwise submitted to us. Should you post, transmit or otherwise submit any unsolicited ideas, designs or other materials, you do so with the understanding that they shall be considered to be User Communications and subject to the User Communications License, and that you are waiving any claim against LJFF or its affiliates regarding the use of such ideas, designs or other materials or of any ideas, designs or other materials that are substantially or confusingly similar thereto.
IN NO EVENT SHALL LJFF, LEBRON JAMES AND/OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS (THE “LJFF PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LJFF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LJFF PARTIES SHALL NOT BE LIABLE FOR USER COMMUNICATIONS, SITE USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ACCEPT AND BE BOUND BY THIS USER AGREEMENT, AND THE CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND WARRANTIES SET FORTH IN THIS USER AGREEMENT AND WILL ABIDE BY AND COMPLY WITH THIS USER AGREEMENT.
The failure on the part of LJFF to enforce any part of this User Agreement shall not constitute a waiver of any of LJFF's rights hereunder for past or future actions.
Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in Cleveland, Ohio.
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the LJFF Parties, including, without limitation, LeBron James. The views and opinions expressed on the Site do not necessarily state or reflect those of LJFF Parties, including, without limitation, LeBron James.
This User Agreement was last updated on June 22, 2012.
© Copyright 2013 LeBron James Family Foundation All Rights Reserved.