Best Defense Foundation Terms of Use

Updated: November 30, 2020

Thank you for visiting Best Defense Foundation. Please carefully read these Terms of Use and our Privacy Policy located at bestdefensefoundation.org/privacy-policy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to website at shop.bestdefensefoundation.org (the “Site”).

Unless otherwise noted, the Site is the property of Best Defense Foundation and its licensors. By using the Site, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site.

The Site is not intended for the use of children under 18. By using the Site, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.

Best Defense Foundation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes.

Privacy and Data Security

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Site may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to the Nest Defense Foundation and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments, photos, videos or suggestions you may provide regarding the Site either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Best Defense Foundation and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Best Defense Foundation shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant Best Defense Foundation an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.

Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Best Defense Foundation. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to Best Defense Foundation, to the use by Best Defense Foundation of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.

Your Use of the Services

In connection with your use of the Site, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use the Site to transmit, distribute, post or submit any information concerning any other person or entity;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
  • display, mirror or frame the Site, or any individual element within the Site, Best Defense Foundation’s name, any trademark, logo or other proprietary information of Best Defense Foundation, or the layout and design of any page or form contained on a page, without Best Defense Foundation’s express written consent;
  • access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of Best Defense Foundation’s providers;
  • attempt to probe, scan, or test the vulnerability of any Best Defense Foundation system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Best Defense Foundation or any of Best Defense Foundation’s providers or any other third party (including another user) to protect the Site or any of the content on the Site;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.

Best Defense Foundation reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Donations

Thank you for your donations. You may access our donation portal by clicking on the tab “I WANT TO HELP.” Donations may be in any amount and may one-time or recurring on a monthly, quarterly or annual basis. RECURRING DONATIONS ARE AUTO-RENEWING. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US FOR YOUR INITIAL DONATION ON A RECURRING BASIS THAT YOU CHOOSE (IF APPLICABLE) AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR A RECURRING DONATION, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. To cancel your recurring donation or make changes to your payment information, please update your Giving Fuel account information or contact us at info@bdf.org. Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at info@bdf.org or by mail at Copyright Agent, c/o Best Defense Foundation, 249 HWY 101, Suite 312, Solana Beach, CA 92075.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation

Account; Online Store; Return Policy

Items are available for purchase at the Site’s online store. Please note that we use third parties not affiliated with us to host the online store and process payments for purchases. You agree that the third party processors are solely responsible for hosting the online store, and controlling, handling, processing, or fulfilling purchases processed through its systems.  You may be subject to additional terms of use and/or privacy policies of such third parties when you visit the online store and/or purchase items.

When you provide payment information to Best Defense Foundation or to its payment processor, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Best Defense Foundation to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase. Best Defense Foundation or its processor may require you to provide your address or other information in order to meet their obligations under applicable law.

You agree that Best Defense Foundation will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of a charge made under this agreement.

All products offered on our online store are made to order, so there are no refunds or exchanges except as may be required by applicable law or regulation or if the products are damaged.

You agree to keep your account information current at all times.  To make changes to your account information, please contact us at info@bdf.org.  Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials.

Links to Other Sites

The Site contains links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Best Defense Foundation’s control, and Best Defense Foundation is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer; Limitation of Liability

THE SITE AND ALL SERVICES, ITEMS AND CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW OR AS MAY BE OTHERWISE AGREED IN A SEPARATE AGREEMENT WITH BEST DEFENSE FOUNDATION, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL BEST DEFENSE FOUNDATION OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF BEST DEFENSE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold Best Defense Foundation harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Best Defense Foundation by any third party due to or arising out of or in connection with (1) your access to or use of the Site and the services and items offered through the Site; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Violation of These Terms of Use

Best Defense Foundation may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Best Defense Foundation’s rights or property, or the rights or property of visitors to or users of the Services. Best Defense Foundation reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Best Defense Foundation also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Best Defense Foundation may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Best Defense Foundation for which monetary damages would be inadequate, and you consent to Best Defense Foundation obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Best Defense Foundation may have at law or in equity.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site and our products and services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Site and our products and services (collectively, “Disputes”), shall be exclusively brought in the courts located in the County of San Diego, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California.

A Dispute cannot be brought as a class or other type of representative action or on behalf of any other individual or group of individuals.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Users Outside of the United States

Best Defense Foundation and the Site are operated in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with our Privacy Policy and