Effective date: Aug. 1, 2018
The websites at www.specialolympicsminnesota.org and www.plungemn.org (the “Sites”) are owned and operated by Special Olympics Minnesota (“SOMN,” “we,” “our,” “us”) subject to these terms and conditions (“Terms”). These Terms describe the rules for using the Sites, including all subsidiary webpages, and access to any optimized version of the Sites via a wireless device, and are legally binding between you, the person using the Sites, and us.
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable to you at any time.
We may update the content of the Sites, and will make reasonable efforts to ensure that the information presented is accurate. However, the content is not necessarily complete or up-to-date. Any of the Sites’ content may be out of date at any given time, and we are under no obligation to update such material. To report any website inaccuracies, request answers to questions about our policies or about the information on the Sites, email us at [email protected].
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You may use the Sites only for lawful purposes and in accordance with these Terms. You may not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or other users of the Sites or expose them to liability. You agree not to use the Sites or any content for any illegal or improper purpose. Without limiting the generality of the foregoing, you agree not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server(s) on which the Sites are stored, or any server, computer or database connected to the Sites; attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Sites.
If we offer the option to make payments by credit card on one of the Sites, you may request the cancellation or refund of a credit card transaction within 30 days of the date of purchase. SOMN may choose to allow the requested cancellation or refund in our sole discretion. In the event we allow cancellation or refund, either the purchaser’s card will be credited or a check will be mailed via U.S. Post to the purchaser. Questions and concerns regarding the refund policy can be directed to 800.783.7732.
Intellectual Property Rights
The Sites and the entire contents, features and functionality, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof is the exclusive property of SOMN, or, if applicable, our licensors or other providers of such material, and is protected by U.S. and international copyright laws. We reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Special Olympics Minnesota name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of SOMN or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
Links from the Sites
If the Sites contains links to other websites and resources provided by third parties, these links are provided for your convenience only and do not imply any endorsement of the material on those websites by SOMN. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
The owner of the Sites is based in the state of Minnesota in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
EXCEPT AS EXPLICITLY PROVIDED FOR IN THESE TERMS, THE SITEs AND ALL CONTENT AND ANY PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOMN AND ANY THIRD PARTY PROVIDERS OF CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITES, CONTENT OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Limitation of Liability
SOMN shall not be liable for any damages or injury caused by or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, information theft, computer virus, line failure or any cause beyond our reasonable control. You agree to defend, indemnify, and hold harmless SOMN and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or content (“Site-Related Parties”) from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the content or Sites.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, CONTENT OR PRODUCTS OR SERVICES OFFERED ON THE SITES. THIS PROTECTION COVERS CLAIMS BASED ON ANY LEGAL THEORY. THE TOTAL CUMULATIVE LIABILITY OF THE SITE-RELATED-PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE GREATER OF AMOUNTS PAID TO US BY YOU OR $1.00.
IN NO EVENT SHALL THE SITE-RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITES OR CONTENT ARE EXCLUDED EVEN IF THE SITE-RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE SITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR THE CONTENT OR ANY SERVICES OFFERED THROUGH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR ANY SERVICES OFFERED THROUGH THE SITES.
If you live in a jurisdiction other than New Jersey, the above limitations and exclusions apply to the extent permitted by law.
Governing law; Jurisdiction
These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with SOMN relating to your use of the Sites is in the state and federal courts in Hennepin County, Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving SOMN or its employees, officers, directors, agents and providers.
If you have any questions about these Terms or the operation of the Sites, you may contact us at: [email protected].