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Terms of Use

The effective date of this Agreement is, June 22, 2009. The current version of this Agreement includes revisions made through June 22, 2009.

This web site is owned by The Rich Brooks Foundation (“TRBF”). TRBF provides this web site and related services to you, the user of this web site, only for your personal, non-commercial use and subject to your acceptance of and compliance with this Terms of Use Agreement (“Agreement”). Please read the terms contained herein carefully before using this web site and/or the services associated therewith. Your use of this web site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this web site.

Changes to this Agreement

1. TRBF reserves the right, in its sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the web site. Your continued use of the web site and related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the web site if you do not agree to be bound by the revised terms and conditions.

General Use

2. This web site and related services are intended only for use by those 13 years of age or older. If you are not 13 or older, you cannot use this site without the accompaniment and supervision of your parent or legal guardian.

3. TRBF grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of the TRBF web site; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the TRBF web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the TRBF web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.

4. You acknowledge that your use of the TRBF web site is at TRBF’s discretion, and your license to use the web site may be terminated by TRBF at any time.

Privacy Policy

5. By using this web site, you consent to TRBF’s collection and use of personal information as discussed in TRBF’s Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here.

User Activity

6. You agree that you will not:

a. use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code intended to damage, interfere with, intercept, monitor surreptitiously, or take over another computer;

b. attempt to gain unauthorized access to this web site, any related website, computer system, or networks connected to this web site, through hacking, password mining, or any other means; or

c. obtain or attempt to obtain any materials or information through any means not intentionally made available through this web site.

7. The trademarks, logos, and service marks displayed on this web site are owned by TRBF and third parties, and this web site’s trade dress is owned by TRBF. All trademarks not owned by TRBF are the property of their respective owners, and, where used by TRBF, are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

8. You acknowledge, consent and agree that TRBF may disclose information that you submit to TRBF if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of TRBF, its affiliates, other users and the public.

Advertising and Links

9. TRBF may provide links to other Internet sites or resources. Because TRBF has no control over such sites and resources, you acknowledge and agree that TRBF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TRBF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. If you link to this web site, we require that you follow these guidelines. The link to this web site must not damage, dilute, or tarnish TRBF or the goodwill associated with any TRBF names and/or intellectual property, nor may the link create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with TRBF. You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate. Under no circumstances will you “frame” this web site or alter its intellectual property or content in any way. TRBF reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with TRBF, its web site, and/or these terms.

11. Your dealings and communications with any third party found on or through the web site are solely between you and that third party. You agree that TRBF shall not be responsible or liable for payment; delivery of goods or services; any terms, conditions, warranties or representations associated with such dealings; or any loss or damage of any sort resulting from or associated with such dealings; or for any loss or damage of any sort incurred as the result of the presence of such third parties on the web site. Please review carefully the third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.


Disclaimer of Warranties; Indemnification; Resolution of Disputes

12. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY TRBF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRBF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRBF DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.

13. BY USING THE TRBF WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. TRBF DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF TRBF ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, TRBF DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND TRBF, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

14. TRBF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF TRBF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TRBF WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON TRBF’S COMPUTERS AND/OR SERVERS.

15. 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 ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. You agree to indemnify, defend and hold harmless TRBF, its agents, and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder.

17. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against TRBF with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.

18. This web site is created and maintained by TRBF in the Commonwealth of Kentucky. You agree that the laws of the Commonwealth of Kentucky will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the TRBF web site must be brought in the state or federal courts located in Lexington, Kentucky, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

General Information

19. This Agreement represents the entire understanding between the parties regarding your use of the web site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except in writing, signed by an authorized representative of TRBF. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. TRBF’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.