Terms & Conditions

Last updated: June 27, 2023

Section 1: Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: "User", "You" and "Your" refers to you, the person accessing the Charlie Landers Foundation website and accepting the organization's terms and conditions. "The Charlie Landers Foundation", "The Foundation", "Ourselves", "We", "Our" and "Us", refers to the Charlie Landers Foundation.

Section 2: Acceptance of Terms

By accessing and using the Charlie Landers Foundation website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using the Charlie Landers Foundation’s services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement.

Section 3: Site Usage

All Users are required to behave in a respectful and lawful manner when using our site. Harassment, offensive behavior, or violation of any laws, including intellectual property laws, is strictly prohibited. Any violations may result in termination of your access to our site.

Section 4: Modification of Terms

The Foundation reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

Section 5: Copyrights and Intellectual Property

The Charlie Landers Foundation and its licensors hold the property rights for all material on the Charlie Landers Foundation website. All intellectual property rights are reserved. Users may view and print pages from http://www.charlielandersfoundation.org for personal use only.

Section 6: User Generated Content

Content posted by Users in the form of comments or other contributions to the site will become the property of the Charlie Landers Foundation, and we reserve the right to use and republish such content. Users are responsible for ensuring they have rights to all content they post.

Section 7: Liability and Indemnification

User agrees to indemnify, defend, and hold harmless the Charlie Landers Foundation, its directors, officers, employees, and volunteers from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to a User’s violation of these Terms or the use of the Services and products provided at the Charlie Landers Foundation website.

US USERS

Section 8: Disclaimer of Warranties

The Charlie Landers Foundation website is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Charlie Landers Foundation expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Section 9: Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Charlie Landers Foundation, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

Section 10: Indemnification

The User agrees to defend, indemnify and hold the Charlie Landers Foundation harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Section 11: Governing Law and Venue of Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California. The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Charlie Landers Foundation is based.

EXCEPTION FOR CONSUMERS IN EUROPE

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

DISPUTE RESOLUTION

Section 12: Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 30 days of receiving it.

Section 13: Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer can use such platform for resolving any dispute stemming from online contracts. The platform is available at the following link.

SUPPLEMENTAL TERMS

Supplemental terms and conditions or documents that may be posted on the Site from time to time, are hereby expressly incorporated into this agreement by reference.

THE SITE

The Charlie Landers Foundation provides a platform for charitable donations and related information. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

DONATIONS

All donations are given freely and with no expectation of return. You acknowledge that we use third-party payment processors (Stripe) to process all financial transactions. We do not store or have access to your payment information.

LIMITATION OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the state of New Jersey.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@charlielandersfoundation.org

Please note that the information provided in this document does not constitute legal advice and is for informational purposes only. This document is not a substitute for legal advice or services. Always consult with an attorney before deciding on a course of action.