Updated: November 30, 2020
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.
Privacy and Data Security
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.
User Submissions, Feedback and Information
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.
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 email@example.com. Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials.
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 firstname.lastname@example.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
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 email@example.com. 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.
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.
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.
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.
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.