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1.
INTRODUCTION
Welcome to www.pujolsfamilyfoundation.com
(the "Website").
The Website is owned and operated
by The Pujols Family Foundation
Inc. (the "Foundation").
The Foundation is a 501(c)(3) non-profit
corporation and is referred to below
as "we," "us"
or "our."
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE
USING THE WEBSITE. By using
the Website, you signify your agreement
to these Terms of Use. If you do
not agree to these Terms of Use,
you may not use the Website. In
addition, when you use any of our
current or future services you will
also be subject to our guidelines,
terms conditions and agreements
applicable to those services. If
these Terms of Use are inconsistent
with the guidelines, terms and agreements
applicable to those services or
businesses, these Terms of Use will
control.
2. PRIVACY
AND YOUR ACCOUNT
Please review our Privacy
Policy, which also governs your
visit to the Website, to understand
our privacy practices. The terms
and conditions of our Privacy
Policy are incorporated herein
and made a part of these Terms of
Use.
We may sell products
for children, but sell them to adults
who can purchase with a credit card
or other permitted payment method.
If you are under 18, you may use
the Website only with the involvement
of a parent or guardian. We reserve
the right to refuse service, terminate
accounts, remove or edit content,
or cancel orders in our sole discretion.
3. CONSIDERATION
You agree that these Terms
of Use are supported by reasonable
and valuable consideration, the
receipt and adequacy of which you
hereby acknowledge, including, without
limitation, your access to and use
of the Website and data, materials
and information available at or
through the Website.
4. RESTRICTIONS
ON USE; LIMITED LICENSE
All content contained on the
Website (collectively, "Content"),
such as text, graphics, logos, icons,
images, audio and video clips, digital
downloads, data compilations, and
software, is our property or the
property of our licensors or licensees,
and the compilation of the Content
on the Website is our exclusive
property, protected by United States
and international copyright laws,
treaties and conventions. All software
used on the Website is our property
or the property of our software
suppliers and protected by United
States and international copyright
laws, treaties and conventions.
Any trademarks,
service marks, graphics, logos,
page headers, icons, scripts and
trade names (each, a "Mark")
contained on the Website are proprietary
to us or our licensors or licensees.
Our Marks may not be used in connection
with any product or service that
is not ours in any manner that is
likely to cause confusion among
users or that disparages or discredits
us or anyone else. All other Marks
not owned by us that appear on the
Website are the property of their
respective owners, who may or may
not be affiliated with, connected
to, or sponsored by us.
We grant you a
limited license to access and make
personal use of the Website. No
Content of the Website or any other
Internet site owned, operated, licensed,
or controlled by us may be copied,
reproduced, republished, downloaded
(other than page caching), uploaded,
posted, transmitted or distributed
in any way, or sold, resold, visited,
or otherwise exploited for any commercial
purpose, except that you may download
one (1) copy of the Content that
we make available to you for such
purposes on a single computer for
your personal, noncommercial, home
use only, provided that you: (a)
keep intact all copyright, trademark
and other proprietary rights notices;
(b) do not modify any of the Content;
(c) do not use any Content in a
manner that suggests an association
with any of our products, services
or brands; and (d) do not download
Content so as to avoid future downloads
from the Website. Your use of Content
on any other website or computer
environment is strictly prohibited.
The license granted
to you does not include, and specifically
excludes, any rights to: resell
or make any commercial use of the
Website or any Content; collect
and use any product listings, descriptions,
or prices; make any derivative use
of the Website or Content; download
or copy account information for
the benefit of anyone else; or use
any form of data mining, robots,
or similar data gathering and extraction
tools. You may not frame, or utilize
framing techniques to enclose, any
Mark, Content or other proprietary
information, or use any meta tags
or any other "hidden text"
utilizing any such intellectual
property, without our and each applicable
owner's express written consent.
Any unauthorized use automatically
terminates the license granted to
you hereunder. You are granted a
limited, revocable, and non-exclusive
right to create a hyperlink only
to our home page provided that the
link does not portray us or our
licensors or licensees, or their
respective products or services,
in a false, misleading, derogatory,
or otherwise offensive matter. You
may not use any of our or any such
party's intellectual property as
part of the link without our and
each such party's express written
consent.
5. SUBMISSIONS
You may post reviews, comments,
photographs, and other content;
send communications; and submit
suggestions, ideas, comments, questions,
or other information, so long as
none of these materials are illegal,
obscene, threatening, defamatory,
invasive of privacy, infringing
on intellectual property rights,
or otherwise injurious to third
parties or objectionable and do
not consist of or contain software
viruses, political campaigning,
commercial solicitation, chain letters,
mass mailings, or any form of "spam."
You may not use a false e-mail address,
impersonate anyone, or otherwise
mislead as to the origin of any
content. We reserve the right (but
not the obligation) to remove or
edit any such content, but we do
not regularly review posted content.
Please
do not send us any material that
you do not intend to be subject
to the User-Generated Content License
described in this paragraph.
All content described in the immediately
preceding paragraph and any and
all other information, content or
materials that you post or send
to us hereinafter collectively is
referred to as "User-Generated
Content." If you post
or send any User-Generated Content
to us, intentionally or unintentionally,
we (and such others as we may designate
from time to time) shall have the
unrestricted rights to the use thereof
for any and all purposes whatsoever,
commercial or otherwise, without
any further permission from, or
any payment to, you or anyone else.
We and our designees also shall
have the right (but no obligation)
to use the name that you submit,
as well as any other name by which
you are or may be known, in connection
with User-Generated Content. Without
limiting the generality of the foregoing,
you hereby unconditionally grant
to us a perpetual, non-exclusive,
irrevocable, fully-paid, royalty-free,
sub-licensable and transferable
universal license to use, re-use,
reproduce, transmit, print, publish,
display, exhibit, distribute, re-distribute,
copy, host, store, cache, archive,
index, categorize, comment on, broadcast,
stream, download, edit, alter, modify,
adapt, translate, create derivative
works based upon and publicly perform
User-Generated Content, in whole
or in part, by all means and in
all media now known or hereafter
devised for any and all purposes
without further notice to you and
with or without attribution (the
"User-Generated
Content License"). You
agree to the User-Generated Content
License whether or not your User-Generated
Content is used by us.
You represent,
warrant and agree that: you own
or otherwise control all of the
rights to all User-Generated Content
that you post or send to us; that
all such User-Generated Content
is accurate; use of such User-Generated
Content does not violate these Terms
of Use, our Privacy Policy
or the rights of any third party
and will not cause injury to anyone;
and you will indemnify us and our
affiliates and designees from and
against all claims arising out of,
resulting from or relating to any
such User-Generated Content. We
have the right (but no obligation)
to monitor, edit or remove any activity
or content involving you. We have
no responsibility, and assume no
liability, for any User-Generated
Content posted or sent by you or
by anyone else.
You agree that
User-Generated Content will not
be subject to any expectation of
trust or confidence between us and
that no confidential or fiduciary
relationship is intended or created
between you and us. To the extent
that any so-called "moral rights,"
"neighboring rights" or
similar or analogous rights apply
to any User-Generated Content and
which are not exclusively owned
by us, you agree not to enforce
or assign, or permit any third party
to enforce or assign, any such rights.
Each time that
you access the Website, or post
or submit User-Generated Content,
you agree that the User-Generated
Content License is ratified and
confirmed with respect to such User-Generated
Content and all User-Generated Content
previously posted or submitted by
you.
6. CONTENT
LINKED TO THE WEBSITE
You should be aware that when
you visit the Website, you could
be directed to other sites beyond
our control including links to or
from affiliates and content partners
that may use our Marks as part of
an affiliate relationship. When
you click on a link that directs
you away from the Website, the site
to which you are directed may not
be controlled by us and different
terms of use and privacy policies
may apply which you should carefully
read and evaluate. You acknowledge
that we are not responsible for
examining or evaluating, and that
we do not warrant the offerings
of, any such third party or the
content of their sites. We do not
assume any responsibility or liability
for the actions, products, or content
of any third party or any third
party site. We reserve the right
to disable links from or to third-party
sites, although we are under no
obligation to do so.
7. DISCLAIMER
OF WARRANTIES
THE CONTENT ON THE WEBSITE
IS PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, EXPRESSED
OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ANY AND ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN ANY CONTENT (INCLUDING,
WITHOUT LIMITATION, USER-GENERATED
CONTENT) WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITE OR
THE SERVERS THAT MAKE SUCH CONTENT
AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION
OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES
REGARDING USE, OR THE RESULTS OF
USE, OF ANY CONTENT, PRODUCT OR
SERVICE CONTAINED ON OR OFFERED,
MADE AVAILABLE THROUGH, OR OTHERWISE
RELATED IN ANY WAY TO THE WEBSITE
INCLUDING, WITHOUT LIMITATION, ANY
THIRD PARTY SITE OR SERVICE LINKED
TO FROM THE WEBSITE (AND SPECIFICALLY
NO REPRESENTATION OR WARRANTY OF
CORRECTNESS, ACCURACY, COMPLETENESS,
RELIABILITY OR SAFETY).
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE FOREGOING DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
WE EXPLICITLY
DISCLAIM ANY RESPONSIBILITY FOR
THE ACCURACY, COMPLETENESS OR AVAILABILITY
OF INFORMATION, CONTENT AND MATERIALS
FOUND ON SITES THAT LINK TO OR FROM
THE WEBSITE. WE CANNOT ENSURE THAT
YOU WILL BE SATISFIED WITH ANY PRODUCT
OR SERVICE THAT YOU PURCHASE FROM
A THIRD PARTY WEBSITE THAT LINKS
TO OR FROM THE WEBSITE OR THIRD
PARTY INFORMATION, CONTENT OR MATERIALS
CONTAINED ON OUR WEBSITE. WE DO
NOT ENDORSE ANY OF THE MERCHANDISE,
NOR HAVE WE TAKEN ANY STEPS TO CONFIRM
THE ACCURACY, COMPLETENESS OR RELIABILITY
OF, ANY OF THE INFORMATION, CONTENT
OR MATERIALS CONTAINED ON ANY THIRD
PARTY WEBSITE. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES AS
TO THE SECURITY OF ANY INFORMATION,
CONTENT OR MATERIALS (INCLUDING,
WITHOUT LIMITATION, CREDIT CARD
AND OTHER PERSONAL INFORMATION)
YOU MIGHT BE REQUESTED TO GIVE TO
ANY THIRD PARTY. YOU HEREBY IRREVOCABLY
AND UNCONDITIONALLY WAIVE ANY AND
ALL CLAIMS AGAINST US WITH RESPECT
TO INFORMATION, CONTENT AND MATERIALS
CONTAINED ON THE WEBSITE (INCLUDING,
WITHOUT LIMITATION, USER-GENERATED
CONTENT), ON THIRD PARTY SITES,
AND ANY INFORMATION, CONTENT AND
MATERIALS YOU PROVIDE TO OR THROUGH
ANY SUCH THIRD PARTY SITES (INCLUDING,
WITHOUT LIMITATION, CREDIT CARD
AND OTHER PERSONAL INFORMATION).
WE STRONGLY ENCOURAGE YOU TO MAKE
WHATEVER INVESTIGATION YOU FEEL
NECESSARY OR APPROPRIATE BEFORE
PROCEEDING WITH ANY ONLINE OR OFFLINE
TRANSACTION WITH ANY THIRD PARTY.
8. INDEMNIFICATION
You hereby agree to indemnify,
defend, and hold us, and our licensors,
licensees, successors, distributors,
agents, representatives and other
authorized users, and each of their
respective officers, directors,
owners, managers, members, employees,
agents, representatives and assigns
(collectively, the "Indemnified
Parties"), harmless
from and against any and all loss,
cost, damage, liability and expense
(including, without limitation,
settlement costs and legal or other
fees and expenses) suffered or incurred
by any of the Indemnified Parties
arising out of, in connection with
or related to any breach or alleged
breach by you of these Terms of
Use. You shall use your best efforts
to cooperate with us in the defense
of any claim. We reserve the right,
at our own expense, to employ separate
counsel and assume the exclusive
defense and control of the settlement
and disposition of any claim that
is subject to indemnification by
you.
9. LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING
NEGLIGENCE) SHALL WE BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS), PERSONAL INJURY (INCLUDING
DEATH) OR PROPERTY DAMAGE OF ANY
KIND OR NATURE WHATSOEVER THAT ARISE
OUT OF OR RESULT FROM: (A) THE USE
OF, OR ANY INABILITY TO USE, THE
WEBSITE OR ANY CONTENT OR FUNCTIONS
THEREOF; OR (B) ANY ACT OR OMISSION,
ONLINE OR OFFLINE, OF ANY USER OF
THE WEBSITE OR ANYONE ELSE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL
LOSS, COST, DAMAGE, LIABILITY OR
EXPENSE (INCLUDING ATTORNEYS FEES
AND COSTS) THAT YOU MAY SUFFER OR
INCUR, UNDER ANY THEORY OF LIABILITY,
IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE,
EXCEED THE LESSER OF THE AMOUNT
PAID BY YOU, IF ANY, FOR THE RIGHT
TO ACCESS OR PARTICIPATE IN ANY
ACTIVITY RELATED TO THE WEBSITE
OR $100.00.
UNDER NO CIRCUMSTANCES
SHALL WE OR ANY OF THE INDEMNIFIED
PARTIES BE LIABLE FOR ANY DELAY
OR FAILURE IN PERFORMANCE RESULTING,
DIRECTLY OR INDIRECTLY, FROM ANY
EVENT OF FORCE MAJEURE OR OTHER
CAUSE BEYOND OUR OR THEIR CONTROL
INCLUDING, WITHOUT LIMITATION, ACTS
OF GOD, WAR, EQUIPMENT AND TECHNICAL
FAILURES, ELECTRICAL POWER FAILURES
OR FLUCTUATIONS, STRIKES, LABOR
DISPUTES, RIOTS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS,
NATURAL DISASTERS, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, OR NON-PERFORMANCE
OF THIRD PARTIES. NEITHER WE NOR
ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE
OR LIABLE FOR: (A) ANY INCOMPATIBILITY
BETWEEN THE WEBSITE AND ANY SITE,
SERVICE, SOFTWARE OR HARDWARE; OR
(B) ANY DELAY OR FAILURE YOU MAY
EXPERIENCE WITH ANY TRANSMISSION
OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS HEREIN
AND ELSEWHERE IN THESE TERMS OF
USE APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW
MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS,
LIMITATIONS, OR DISCLAIMERS OF LIABILITY
SET FORTH IN THESE TERMS OF USE,
SO SUCH EXCLUSIONS, LIMITATIONS
OR DISCLAIMERS MAY NOT APPLY TO
YOU.
10. COPYRIGHT
COMPLAINTS
We respect the intellectual
property rights of others. If you
believe that your work has been
copied on the Website in a way that
constitutes copyright infringement,
please follow our Notice and
Procedure for Making Claims of Copyright
Infringement.
11. AMENDMENT
We reserve the right, in our
sole discretion, to change, modify,
add or delete portions of these
Terms of Use at any time without
notice, and it is your responsibility
to review these Terms of Use for
any changes. Your use of the Website
following any change to these Terms
of Use will constitute your assent
to and acceptance of the revised
Terms of Use.
12. TERMINATION
These Terms of Use are effective
until terminated by either you or
us. You may terminate these Terms
of Use prospectively at any time
by discontinuing your access to
and use of the Website and destroying
all materials obtained from the
Website and all related documentation
and all copies and installations
thereof, whether made under these
Terms of Use or otherwise. If you
terminate these Terms of Use, you
shall notify us by sending notice
of such termination by certified
United States mail, postage pre-paid
to:
The Pujols
Foundation Inc.
c/o Beverly Hills Sports Council,
Inc.
131 S. Rodeo Drive., Suite 100
Beverly Hills, CA 90212
We may terminate
these Terms of Use (including your
access to and use of the Website)
without cause and without notice
to you, in our sole discretion.
Upon termination, you must cease
any access to or use of the Website
and destroy all materials obtained
from the Website and all related
documentation and all copies and
installations thereof, whether made
under these Terms of Use or otherwise.
We have adopted and implemented
a policy that provides for the termination,
in appropriate circumstances, of
users who are repeat infringers
of copyright.
The provisions
of these Terms of Use, which by
their nature should survive the
termination of these Terms of Use,
shall survive such termination.
13. APPLICABLE
LAW AND DISPUTES
These Terms of Use, your rights
and obligations, our rights and
obligations, and all actions contemplated
by these Terms of Use, will be governed
by the laws of the United States
of America and the State of Missouri,
without regard to principles of
conflicts of law and as if these
Terms of Use were a contract wholly
entered into and wholly performed
within the State of Missouri. These
Terms of Use will not be governed
by the United Nations Convention
on Contracts for the International
Sale of Goods.
Any dispute relating
in any way to your visit to the
Website or to products you purchase
through the Website shall be submitted
to confidential binding arbitration
in St. Louis County, Missouri, United
States of America, except that,
to the extent you have in any manner
violated or threatened to violate
our intellectual property rights,
we may seek injunctive or other
appropriate relief in any state
or federal court in St. Louis County,
Missouri, United States of America,
and you consent to exclusive jurisdiction
and venue in such courts.
Arbitration under
these Terms of Use shall be conducted
under the rules then prevailing
of JAMS/ENDISPUTE Streamlined Arbitration
Rules and Procedures in effect at
the time of filing of the demand
for arbitration. The parties specifically
incorporate the terms of §
435.380 of the Missouri Code, which
reads:
1. The arbitrators
may issue or cause to be issued
subpoenas for the attendance of
witnesses and for the production
of books, records, documents and
other evidence, and shall have the
power to administer oaths. Subpoenas
so issued shall be served, and upon
application to the court by a party
or the arbitrators, enforced, in
the manner provided by law for the
service and enforcement of subpoenas
in a civil action.
2. On application
of a party and for use as evidence,
the arbitrators may permit a deposition
to be taken, in the manner and upon
the terms designated by the arbitrators,
of a witness who cannot be subpoenaed
or is unable to attend the hearing.
3. All provisions
of law compelling a person under
subpoena to testify are applicable.
4. Fees for attendance
as a witness shall be the same as
for a witness in the circuit court.
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 these
Terms of Use shall be joined to
an arbitration involving any other
party subject to these Terms of
Use, whether through class arbitration
proceedings or otherwise.
14. ELECTRONIC
COMMUNICATIONS
When you visit the Website
or send e-mails to us, you are communicating
with us electronically. You consent
to receive communications from us
electronically. We will communicate
with you by e-mail or by posting
notices on the Website. You agree
that all agreements, notices, disclosures
and other communications that we
provide to you electronically satisfy
any legal requirement that such
communications be in writing.
15. MISCELLANEOUS
LEGAL PROVISIONS
We may discontinue the Website
at any time and for any reason,
without notice. We may change the
contents, operation, or features
of the Website at any time for any
reason, without notice.
You agree that
no joint venture, partnership, employment,
or agency relationship exists between
you and us as a result of these
Terms of Use or your use of the
Website. Nothing contained in these
Terms of Use is in derogation of
our right to comply with governmental,
court, and law enforcement requests
or requirements relating to your
use of the Website or information
provided to or gathered by us with
respect to such use. A printed version
of these Terms of Use and of any
notice given in electronic form
shall be admissible in judicial
or administrative proceedings based
upon or relating to these Terms
of Use to the same extent and subject
to the same conditions as other
business documents and records originally
generated and maintained in printed
form.
Our failure to
enforce any provision of these Terms
of Use or respond to a breach by
you or others shall not constitute
a waiver of our right to enforce
any other provision of these Terms
of Use as to that breach or any
other.
If any provision
of these Terms of Use is invalid
or unenforceable under applicable
law, the remaining provisions will
continue in full force and effect,
and the invalid or unenforceable
provision will be deemed superseded
by a valid, enforceable provision
that most closely matches the intent
of the original provision.
These Terms of
Use constitute the entire agreement
between you and us regarding the
Website and supersedes any prior
or contemporaneous agreement regarding
that subject matter.
Updated July 2009
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
our copyright agent the written
information specified below. Please
note that this procedure is exclusively
for notifying us that your copyrighted
material has been infringed.
• An electronic
or physical signature of the person
authorized to act on behalf of the
owner of the copyright interest;
• A description
of the copyrighted work that you
claim has been infringed;
• A description
of where the material that you claim
is infringing is located on the
Website;
• Your address,
telephone number, and e-mail address;
• A statement
by you that you have a good-faith
belief that the disputed use is
not authorized by the copyright
owner, its agent, or the law;
• A statement
by you, under penalty of perjury,
that the foregoing information in
your notice is accurate and that
you are the copyright owner or authorized
to act on the copyright owner's
behalf.
The Foundation's
Copyright Agent for notice of claims
of copyright infringement on the
Website can be reached as follows:
Copyright Agent
The Pujols
Foundation Inc.
c/o Beverly Hills Sports Council,
Inc.
131 S. Rodeo Drive., Suite 100
Beverly Hills, CA 90212
Phone (310) 858-1872
Fax (310) 550-7980
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