By accessing this website (“Website”), you consent to these Terms & Conditions. If you do not agree to these Terms & Conditions, you are not authorized to use the Website.
YOUR USE OF MATERIALS
This site is owned and operated by the Vince Lombardi Cancer Foundation (hereafter “Lombardi”). Unless otherwise indicated, the content, format and imagery of this Website are protected by the laws of the United States, including but not limited to copyright law, and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted in any way without the prior written consent of Lombardi. Lombardi reserves complete title and full intellectual property rights for materials downloaded from the Website. Lombardi grants you permission to download one copy of the materials on any single computer, provided you keep intact all copyright and other proprietary notices, do not use the materials from the Website in connection with any other website and do not make use of the Website materials for any commercial purpose not affiliated with Lombardi. Modification of the materials or use of the materials for any other purpose without the express written permission of Lombardi is a violation of Lombardi's intellectual property rights.
For purposes of this Agreement, the use of any such material on any other Website or computer environment is prohibited without the express written consent of Lombardi. For the purpose of these Terms & Conditions, the term “User” shall apply to those users of the Website who are registered or are unregistered to procure goods or services on this Website, or to make status inquiries.
In the event you download any data from the Website, including any software, files or images incorporated in or generated by the Website or data accompanying or to be used with the Website (hereafter collective referred to as the “Data”), the Data are licensed to you by Lombardi. Lombardi does not transfer title of any Data to you. As between you and Lombardi, Lombardi retains full and complete right, title, and interest in and to the Data of Lombardi and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Data.
YOUR DUTIES AS TO REGISTRATION
You are responsible for all actions taken with your account and password, including fees or expenses related to their misuse. You are also entirely responsible for maintaining the confidentiality of any passwords created by you or supplied by Lombardi that grant access to the Website. Therefore, we do not recommend that you disclose your password to any third party, for whose actions on the Website you do not wish to be completely liable. If you lose control of your Password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. You agree to immediately notify Lombardi of any unauthorized use of your password or account. You acknowledge and agree that Lombardi has no responsibility or liability for any loss or damage arising from the unauthorized use of any account or password or any failure on your part to comply with these requirements. You acknowledge and agree to notify Lombardi if any employee or other user of the Website is no longer an employee or authorized user of the Website so that Lombardi can disable any applicable User IDs/passwords. Lombardi will not be liable for any unauthorized use of the Website by any former employees or other unauthorized users of the Website.
Lombardi intends this Website for use only by individuals who are eighteen (18) years of age or older (or such other age of majority as may apply in your state or other jurisdiction of residency), or by minors with the supervision of their parent or guardian. You are not authorized to use the Website without the permission and involvement of your parent or guardian if you are not at least eighteen (18) years of age (or such other age of majority as may apply in your state or other jurisdiction of residency).
YOUR ACTIONS AS A USER
You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Materials”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Materials originated.
You agree to not use the Service to:
You acknowledge that Lombardi and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Materials that are available via the Service. Without limiting the foregoing, Lombardi and anyone it designates shall have the right to remove any Materials that violate these Terms & Conditions or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. In this regard, you acknowledge that you may not rely on any Materials 1) created by Lombardi or on this Website, or 2) submitted to Lombardi or this Website, including without limitation information in any Lombardi bulletin boards and in all other parts of the Service.
You acknowledge and agree that Lombardi and this Website may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of Lombardi and this Website, its users and the public.
You understand that the technical processing and transmission of the Service, including your Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of various networks or devices to which the Service is connected. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Website is updated on a real time basis and is proprietary to Lombardi. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior express written permission of Lombardi.
TERMS & CONDITIONS MAY CHANGE
Lombardi reserves the right to update or modify these Terms & Conditions at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms & Conditions as modified. For this reason, we encourage you to review these Terms & Conditions whenever you use this Website.
CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited to text, pricing, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. Lombardi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received). We apologize for any inconvenience this may cause you.
COLOR AND OTHER DISPLAYED FEATURES
The colors and other features you see depicting merchandise on your computer equipment and with your software may depend on the nature and features your particular equipment and software. Therefore, we cannot guarantee that your monitor's display of any color or certain other features will accurately depict the actual color or those features of the merchandise.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials and related materials obtained from Lombardi and this Website and ceasing utilization of the Website, while fulfilling all obligations incurred by you prior to your termination of use of this Website. This Agreement will terminate immediately without notice from Lombardi or this Website, if in their sole discretion you fail to comply with any term or provision of this Agreement, if you are an infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Lombardi or this Website and all copies thereof, whether made under the terms of this Agreement or otherwise.
LOMBARDI MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO LOMBARDI OR THE CONTENTS OF THIS WEBSITE, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." LOMBARDI AND THIS WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO LOMBARDI AND THIS WEBSITE AND ANY SITE WITH WHICH IT IS LINKED. LOMBARDI DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR IN THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT LOMBARDI OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LOMBARDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LOMBARDI OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT RELATE TO ANY PRODUCT WARRANTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LOMBARDI OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF LOMBARDI, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LOMBARDI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL LOMBARDI BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
JURISDICTION AND EXPORT
This Website is controlled and operated by Lombardi from its office in Milwaukee, Wisconsin, United States of America. Lombardi and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this site is further subject to United States export controls. No software from Lombardi or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Lombardi to recover damages for, or obtain an injunction relating to, operations of this Website, intellectual property, and services related to this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Milwaukee, Wisconsin, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the User or Lombardi may seek any interim or preliminary relief from a court of competent jurisdiction in Milwaukee, Wisconsin necessary to protect the rights or property of you or Lombardi pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $10,000.00.
Lombardi does not condone any information sharing agreements among its users (including Users) which would utilize information from Lombardi which in any way would distort market forces. Lombardi also does not condone collusion among users (including Users), which would cause the exercise of monopsony power among buying groups. Lombardi will not enter into and does not condone the entering into of any agreements among competitors to exclude or discriminate against web sites that are competitive with Lombardi. Lombardi shall not engage in over-inclusive ownership structures, rules, or incentives which would keep users of Lombardi from using or supporting a competitive Website.
This Agreement shall be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. You and Lombardi each agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin and the federal courts of the Eastern District of Wisconsin. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Lombardi does not guarantee continuous, uninterrupted or secure access to our Services, and operation of this Website may be interfered with by numerous factors outside of our control. You agree that these Terms & Conditions and all incorporated agreements may be automatically assigned by Lombardi, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of Lombardi to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The User and Lombardi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.
PERMISSION FOR REPRINTS
All material on this Website, without limitation, is protected by U.S. and foreign intellectual property laws, including specifically copyright laws. In order to receive permission to reprint any material on this Website (outside of personal, non-commercial use), please write to:
Vince Lombardi Cancer Foundation
Aurora St. Luke's Medical Center
2900 West Oklahoma Avenue
Milwaukee, WI 53215
NOTICE OF COPYRIGHT INFRINGEMENT
Notification of a claim of copyright infringement must be submitted to the following:
Godfrey & Kahn, S.C.
General Counsel, Vince Lombardi Cancer Foundation
780 North Water Street
Milwaukee, Wisconsin 53202
Fax: (414) 273-5198
The notification must be in writing and include:
© 2011 Vince Lombardi Cancer Foundation. All rights reserved. www.lombardifoundation.org
The use of the website is conditioned upon the acceptance of the Terms & Conditions and Privacy Statement.