Terms & Conditions
Updated: November 25, 2019
By using the Website or Services, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to your compliance with the terms and conditions of this Agreement, Keeping the Blues Alive grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non- transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Keeping the Blues Alive. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Keeping the Blues Alive or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
4. PASSWORD PROTECTION
In connection with your use of certain Services, you may be asked to provide, or may be given, a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other user at any time. You agree to notify Keeping the Blues Alive immediately of any unauthorized use of your account, username, or password. Keeping the Blues Alive shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Keeping the Blues Alive, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You must also promptly notify Keeping the Blues Alive if any credit/debit card that you have provided to Keeping the Blues Alive is lost, stolen or used without permission.
5. CONSENT TO BE CONTACTED BY KEEPING THE BLUES ALIVE
By registering with the Website or using or participating in any of the Services, you thereby consent to receive periodic email communications regarding Keeping the Blues Alive and the Services. Specifically, as part of making a donation, entering a sweepstakes, submitting a Funding Application, or otherwise proving us with your email address (whether via the Website or via our social media platforms), you also consent to receive periodic email communications regarding Keeping the Blues Alive news, fundraising campaigns, special offers, and other promotions (collectively, “Newsletters”). You may opt-out of receiving Newsletters at any time by (a) following the unsubscribe instructions contained in each Newsletter; or (b) changing the email preferences in your account. Also, by completing and submitting information to Keeping the Blues Alive via the Website, including through the “Contact Us” forms, you thereby consent to be contacted by Keeping the Blues Alive by email, telephone, or other method provided by you concerning your submission.
6. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
7. PAID SERVICES; DONATIONS
You are responsible for all fees incurred as a result of any and all services performed by Keeping the Blues Alive on your behalf or at your direction. By opting for paid services, you authorize Keeping the Blues Alive, and/or its payment processor, to charge all applicable amounts and applicable fees to the credit card, debit card, or other payment method you provide, in addition to applicable sales taxes and other taxes. Such fees shall be due and collected in full before the services are rendered. ALL FEES AND CHARGES ARE NONREFUNDABLE. KEEPING THE BLUES ALIVE RESERVES THE RIGHT, IN KEEPING THE BLUES ALIVE’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT FOR PAID SERVICES, OR TO ADD NEW FEES AND CHARGES FOR PAID SERVICES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.
8. CONTESTS, SWEEPSTAKES AND PROMOTIONS
9. THIRD-PARTY WEBSITES
10. PROHIBITED USES
Keeping the Blues Alive imposes certain restrictions on your use of the Website and the Services. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to Keeping the Blues Alive; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about Keeping the Blues Alive users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (e) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Keeping the Blues Alive in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.
11. INTELLECTUAL PROPERTY
a. Compliance with Law
You represent and warrant that, when using the Website and Services, you will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD- PARTY RIGHTS RESTS SOLELY WITH YOU.
Keeping the Blues Alive, keepingthebluesalive.org, and Keeping the Blues Alive logo (collectively, “Keeping the Blues Alive Marks”) are trademarks or registered trademarks of Keeping the Blues Alive. Other trademarks, trade names, service marks, graphics, logos and domain names appearing on the Website are the trademarks and property of their respective owners. Neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to, or any license to reproduce or otherwise use, Keeping the Blues Alive Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in Keeping the Blues Alive Marks generated as a result of your use of the Website and Services will inure to the benefit of Keeping the Blues Alive, and you agree to assign, and hereby do assign, all such goodwill to Keeping the Blues Alive. You shall not at any time, nor shall you assist others to, challenge Keeping the Blues Alive’s right, title, or interest in or to, or the validity of, Keeping the Blues Alive Marks.
c. Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation Keeping the Blues Alive logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Keeping the Blues Alive or are the property of Keeping the Blues Alive’s licensors and suppliers. Except as explicitly provided, neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to any such materials.
d. DMCA Policy
As Keeping the Blues Alive asks others to respect Keeping the Blues Alive’s intellectual property rights, Keeping the Blues Alive respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Keeping the Blues Alive to delete, edit, or disable the material in question, you must provide Keeping the Blues Alive with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Keeping the Blues Alive to locate the material; (d) information reasonably sufficient to permit Keeping the Blues Alive to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Keeping the Blues Alive’s Copyright Agent by contacting Keeping the Blues Alive via email at: email@example.com.
12. INDEMNFICATION BY YOU
13. GOVERNING LAW
14. DISPUTE RESOLUTION
If you have any questions or concerns, please feel free to reach out to us. We’re here to help and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve such dispute, you and Keeping the Blues Alive each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.
15. BINDING ARBITRATION
If you and Keeping the Blues Alive are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by you or Keeping the Blues Alive. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami-Dade County, Florida. Except as otherwise provided herein, you and Keeping the Blues Alive may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida, and you and Keeping the Blues Alive hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. If this provision is found to be illegal or unenforceable, then neither you nor Keeping the Blues Alive will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Keeping the Blues Alive agree to submit to the personal jurisdiction of that court.
17. RESTRICTIONS AGAINST JOINDER OF CLAIMS
You and Keeping the Blues Alive agree that any arbitration shall be limited to each claim individually. YOU AND KEEPING THE BLUES ALIVE HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR KEEPING THE BLUES ALIVE’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (a) no arbitration shall be joined with any other arbitration, and (b) there is no right for any claim to be arbitrated on a class-action basis or to employ class action procedures, and (c) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER KEEPING THE BLUES ALIVE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE WEBSITE OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
22. CONTACT US
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
Keeping the Blues Alive Foundation Inc.
1761 W. Hillsboro Blvd. Suite 409
Deerfield Beach, FL 33442