Mission Edge Terms of Service

By using any Mission Edge San Diego, Inc., a 501(c)(3) non-profit organization (“Mission Edge”) website and all subpages of the Mission Edge website (the “Website”) you (the “Visitor” or “Visitors”) acknowledge and agree to these terms and conditions (the “Terms” or “Terms and Conditions”). If Visitor does not agree to the terms and conditions of this agreement, Visitor should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Visitor agrees to check these Terms periodically to be aware of any changes to the Terms and Conditions. Mission Edge may change or modify these Terms at any time and in Mission Edge’s sole discretion. Visitor’s continued use after amendments are posted constitutes an acknowledgement and acceptance of these Terms and all revisions. Except as provided in this paragraph, this Agreement may not be amended.

If Visitor does not agree to these Terms and Conditions, please do not use this Website. This Website and its Content (as defined below) are intended solely for personal and non-commercial use by Visitor. Any use of this Website or its Content other than for personal and non-commercial purposes is strictly prohibited

I. Privacy

Please take a few moments to review our Privacy Policy, which describes the collection and use of information on the Website.

II. Limitation of Liability

MISSION EDGE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MISSION EDGE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. VISITOR ASSUMES COMPLETE RESPONSIBILITY FOR VISITOR’S USE OF THE WEBSITE. VISITOR’S SOLE REMEDY AGAINST MISSION EDGE FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.

III. Indemnification

Visitor agrees to indemnify and hold Mission Edge, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Website, the violation of these Terms, or infringement by Visitor, or other user of the Website using Visitor’s computer, of any intellectual property or any other right of any person or entity. Visitor expressly agrees to indemnify Mission Edge for any liability whatsoever resulting from Visitor’s use of the Website.

IV. User Conduct

All information posted or accessed by a Visitor will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. All Visitors are prohibited and expressly agree not to engage in any conduct or action that is prohibited by law or violates federal, state, or local laws. Visitors also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

V. Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Website are the property of Mission Edge. No Visitor may use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without prior written permission from Mission Edge, as applicable.

Mission Edge’s Marks may not be used in connection with any product or service that is not provided by Mission Edge, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mission Edge.

All other trademarks displayed on Mission Edge’s Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those organizations. In addition, such use of trademarks or links to the web sites of third party organizations is not intended to imply, directly or indirectly, that those organizations endorse or have any affiliation with Mission Edge. Further, any such links to third party websites are not included in the definition of Website, as contemplated herein.

VI. Intellectual Property Rights and Information

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, Marks, trade dress, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title, and interest in and to the Website and Content are owned controlled, and/or licensed by Mission Edge. Such Content cannot be used without the prior written permission of Mission Edge.

Except as may be expressly permitted by Mission Edge, Visitors may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software. Visitors are hereby granted a non-exclusive, limited, and revocable license to view the Content on the Website, but only while accessing the Website. No right, title or interest in or to any downloaded materials or software is transferred to Visitors as a result of any such downloading or copying. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Mission Edge Website or the Content contained therein without prior written permission of an authorized officer of Mission Edge.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and Mission Edge is under no obligation to keep the Content updated. Mission Edge may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to Visitors.

VII. DMCA; Notification of Claimed Copyright Infringement

If a Visitor believes in good faith that certain Content on the Website infringes his or her own copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Mission Edge that a Visitor’s copyrighted material has been infringed.

Please provide the following information:

1. A clear identification of the copyrighted work for which the Visitor claims infringement. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. A clear identification of the material the Visitor claims is infringing  the copyrighted work, and information that will allow Mission Edge to locate that material on the Website, such as a link to the infringing material.

3. The Visitor’s contact information so that Mission Edge can reply to the complaint, preferably including the Visitor’s name, address, email address and telephone number.

4. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mission Edge designates the following as its agent for receipt of notifications of claimed copyright infringement.

2251 San Diego Avenue, Suite B204

San Diego, CA 92110

info@missionedgesd.org

VIII. User Generated Content

As used in this Section, (i) “User Generated Content” means Comments (as defined below), messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files, or other material or content; (ii) “Comments” means comments, feedback, suggestions, reviews, ideas, proposals and questions; and (iii) “Interactive Areas” means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which a Visitor or other Website users may post Comments, content, messages, materials or other items on the Website.

a. Generally

By posting, distributing, sending or displaying User Generated Content to the Website,

i. Hereby grant to Mission Edge a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;

ii. Grant Mission Edge and its subsidiaries the right to use the Visitor’s name in connection with such User Generated Content, subject to Mission Edge’s Privacy Policy;

iii. Represent and warrant that:

1. The Visitor owns and controls all of the ownership rights to the User Generated Content that Visitor posts or otherwise distributes, or the Visitor otherwise has the lawful right to post and distribute such User Generated Content on or through this Website;

2. Such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and

3. The usage, publication, and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and

4. Further grant Mission Edge the right to pursue before any appropriate forum any person or entity that violates Mission Edge’s or the Visitor’s rights under any applicable law in the User Generated Content.

User Generated Content submitted by a Visitor is deemed non-confidential and Mission Edge is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Mission Edge reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Mission Edge is under no obligation to offer Visitors any payment for User Generated Content or to attribute authorship of User Generated Content to Visitors. If, nonetheless, under any applicable law, it is determined that a Visitor retains moral rights in the User Generated Content which he or she has posted to the Website, the Visitor hereby agrees that:

iv. He or She won’t require that any personally identifying information be included;

v. He or She won’t oppose the publication, use, modification or deletion of such User Generated Content; and

vi. He or She waives and will not claim or assert any entitlement information be used in connection with the User Generated Content; of the User Generated Content by Mission Edge; and to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.

b. Interactive Areas

This Website may contain Interactive Areas. If Mission Edge provides such Interactive Areas, Visitors are solely responsible for use of such Interactive Areas and Visitor use such Interactive Areas at Visitor’s own risk. By way of example, and not as a limitation, Visitor agrees that when using any of the Interactive Areas, Visitor will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

i. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;

ii. Material that promotes illegal drugs, tobacco or firearms use;

iii. Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;

iv. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

v. Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents Visitor’s affiliation with any person or entity;

vi. Advertising or links to other commercial websites;

vii. Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party;

viii. Viruses, corrupted data or other harmful, disruptive or destructive files;

ix. Material that is unrelated to the topic of the Interactive Areas in which such material is posted;

x. Material that communicates messages inconsistent with the goodwill of Mission Edge or which otherwise violates these Terms and Conditions; or

xi. Material that, in the sole judgment of Mission Edge, is objectionable or which may expose Mission Edge, Visitor or other Website users to any harm, prejudice or liability.

To the extent possible under applicable law, Mission Edge takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by Visitors, or for any loss or damage thereto, nor is Mission Edge liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs Visitors may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, Mission Edge is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website.

Mission Edge has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, Mission Edge reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of a Visitor’s permission to use said Website.

c. FISCAL SPONSORSHIP PORTAL

Submission of content and/or requests to the Mission Edge Fiscal Sponsorship Portal is subject to the terms and conditions of the Fiscal Sponsorship Agreement between Mission Edge and a sponsored program, as well as these Terms. Content and/or requests submitted through the Fiscal Sponsorship Portal may include, but are not limited to invoice payments/reimbursements, credit card use statements for recurring bills, prepaid business card transfers, additional insurance requests, PTO requests shall automatically be licensed to Mission Edge and shall become the joint property of Mission Edge and the Visitor that submits such content and/or requests.

Visitor understands and expressly acknowledges that Mission Edge takes security measures to protect information submitted through the Fiscal Sponsorship Portal but that the Internet, and submissions of content and/or requests made thereon, is inherently subject to risk. Visitor expressly waives any claims for loss of confidential information or trade secrets that occurs through no fault of Mission Edge related to Internet submissions of content and/or requests.

Visitor understands and expressly agrees that Visitor shall:

i. Keep and maintain its own records of any content submitted and/or requested through the Fiscal Sponsorship Portal;

ii. Submit accurate content and/or requests to the best of Visitor’s knowledge; and

iii. Shall not use the Fiscal Sponsorship Portal for any other purpose than Visitor is instructed when joining Mission Edge as a fiscally sponsored program.

d. COMMENTS

Ownership of the content and form of all Comments posted, published, displayed or uploaded on or to the Website shall automatically be transferred to Mission Edge and shall become the sole and exclusive property of Mission Edge and shall not be returned to Visitor. Mission Edge is and shall be under no obligation:

i. To pay any compensation for any Comments;

ii. To attribute any Comments to Visitors; or

iii. To respond to any Comments.

Visitor expressly agrees that no Comments submitted by Visitor to this Website will violate any third party rights, including, but not limited to, copyright, trademark, privacy, publicity or other personal or proprietary right(s). Visitors further agree that no Comments submitted by Visitor to this Website will be, or contain libelous, slanderous, defamatory or otherwise unlawful, abusive or obscene material. Visitors are and shall remain solely responsible for the content and form of any Comments Visitors submit or post.

IX. Third Party Content; Links to Third Party Websites

Any Content, products, or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. Mission Edge does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for Visitor convenience only. If a Visitor chooses to access any third-party Content, Visitor agrees that he or she does so at his or her own risk and Mission Edge is not responsible or liable for any loss or damage of any sort that Visitors may incur as a result of any third-party Content, products, or services.

This Website may contain links to third-party services and resources. Visitors acknowledge and expressly agree that (a) Mission Edge is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) Mission Edge is not responsible for any other form of transmission received from any linked website. Mission Edge is providing these links to Visitors only as a convenience and the inclusion of any link does not imply endorsement by Mission Edge of the website. Any concerns regarding any such link should be directed to the particular third party.

X. Interruption of Service

Mission Edge reserves the right to modify or discontinue the Website with or without notice to the Visitor. Mission Edge shall not be liable to Visitor or any third party should Mission Edge exercise its right to modify or discontinue the Website. Visitor acknowledges and accepts that Mission Edge does not guarantee continuous, uninterrupted, or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

XI. Disclaimer; Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, VISITOR EXPRESSLY UNDERSTAND AND AGREES THAT THE WEBSITE, CONTENT, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, MISSION EDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT MISSION EDGE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, MISSION EDGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.

MISSION EDGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM VISITOR’S ACCESS TO OR USE OF THE WEBSITE, PRODUCTS, SERVICES OR ANY THIRD PARTY WEBSITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY MISSION EDGE OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF MISSION EDGE ) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER VISITOR TO SECTION 6 OF THESE TERMS AND CONDITIONS, AND VISITOR ACKNOWLEDGES AND EXPRESSLY AGREES THAT HE OR SHE HAS NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.

XII. General Legal Provisions

These Terms and Conditions are effective unless and until terminated by Mission Edge. Visitors may only terminate these Terms and Conditions as they apply to the Visitor at any time by ceasing to use the Website. Mission Edge may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny Visitor access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.

These Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively through binding arbitration pursuant to the applicable arbitration rules of the American Arbitration Association. For claims brought by either party, the site of arbitration shall be San Diego, California.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of Mission Edge to insist upon or enforce strict performance by Visitor of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

Mission Edge may provide notice to Visitors relating to the Website and/or these Terms and Conditions by sending an e-mail to a Visitor’s last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to Visitors in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Visitors expressly agree that any cause of action that a Visitor may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. Visitors may not use the Website or export the Content in violation of U.S. export laws and regulations. If a Visitor accesses the Website from a location outside the United States, Visitor is responsible for compliance with all local laws.

Mission Edge’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of Mission Edge’s right to comply with law enforcement requests or requirements.

These Terms and Conditions (together with Mission Edge’s Privacy Policy, which is incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time-to-time) contain the entire understanding between Visitor and Mission Edge with respect to use and access of this Website and any product(s) or services Visitor purchases on or through this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Website from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon Mission Edge unless expressly agreed to in writing by an officer of Mission Edge. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully.

Last modified: July 20, 2015