Terms Of Use

Hunter Houle Memorial Foundation’s

Terms of Use

 

Last Updated: March 21, 2018

 

The Hunter Houle Memorial Foundation (“Foundation”) is dedicated to helping those in need, the advancement of education, and engaging in other charitable purposes.  The Foundation arose out of Hunter Houle’s true love of racing and strong passion for helping others.  Combining these passions, the Foundation strives to benefit the community and those in need.

 

The Foundation’s office is located at 2195 Greystone Avenue North, Forest Lake, MN 55025.  The Foundation is a 501(c)(3) tax-exempt charitable organization (Identification No. 82-1043483).  Donations or contributions to the Foundation are tax deductible, subject to normal tax rules.

 

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www. Hunterhoulememorialfoundation.org, and its subpages and content (collectively, the “Site”) or the services or products (collectively, the “Site service(s),” you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”) and the .  These terms apply to and govern your use of all webpages and content contained within the Site.

 

Modifications to Terms of Service and Privacy Policy

You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOU or Privacy Policy, you must notify Mr. Jeremy Houle using the contact information provided below in writing within the ten day (10) time period described above and immediately discontinue any Site services.

 

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

 

Purchases and Donations

You may make payments or donations to the Hunter Houle Memorial Foundation (“Foundation”) by various methods, which may include valid credit card, PayPal or check.  The Foundation reserves the right to expand or limit its payment and donation options.

In conjunction with each payment or donation you make to the Foundation, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information).  Further, you understand and agree that any declined payment may be lead to additional fees (e.g., returned check fees).  You also understand and agree that you are solely responsible to ensure prompt payment of all charges to the Foundation and that the Foundation is under no obligation to retain, preserve or otherwise maintain your information.

 

Refund Policy

All purchases from the Foundation are non-refundable.

 

Secured Areas

If some portions of the Site are restricted and require authorization for access, unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

 

Accuracy of Information Provided by You

You agree that all information you provide to the Foundation is true, current, complete and accurate.  You warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to the Foundation.  You further warrant that to the extent you provided personal data about a third-party to the Foundation, you provided that third-party with notice about this Site’s TOU and Privacy Policy.  You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

 

Code of Conduct

You agree that your use of the Site or Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOU and Privacy Policy.  You agree to not use the Site or anything related to the Foundation for any unlawful or otherwise prohibited means, including but not limited to discrimination, harassment, unlawful images or adult content.  Additional prohibited uses include:

  1. Use of the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
  2. Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
  5. Use any metatags or any other “hidden text” utilizing the Foundation’s name, service or trademarks or trade dress without the express written consent of the Foundation;
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  9. Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  12. Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  14. Use the Site, services or tools if you are not able to form legally binding contracts;
  15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
  16. Any attempt to reverse engineer or reconstruction any portion of the Site.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site and any Site services.

 

Knowledge of TOU and Privacy Policy

If you are using the Site or any Site services in conjunction with any third-parties, you agree to ensure such third-parties are aware of, and agree to, this TOU and Privacy Policy.

 

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of the Site and any Site services if, in our sole discretion, you breach, or we reasonably believe you breached the TOU or any other obligation to the Foundation.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOU and Privacy Policy: (i) your failure to abide by any provision of the TOU or Privacy Policy; (ii) your failure to pay any amounts due to the Foundation; (iii) your communication of inaccurate information to us; or (iv) your violation of the Foundation’s Code of Conduct.

If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that the Foundation is not obligated to send any such notice of default and may immediately suspend or terminate any Site services without notice.  In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.

 

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of the TOU and Privacy Policy.  Similarly, to the extent you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from the third-party to the Foundation.

 

Maintenance/Site Downtime

The Foundation reserves the right to perform maintenance whenever it deems reasonably necessary.  The Foundation anticipates that maintenance will be generally scheduled for off-peak hours, such as weekends and evenings.  The Foundation will attempt to communicate any expected prolonged system outage to Site users in advance of outage.

The Foundation is not liable for any unforeseen or unexpected system outage under any circumstances.

 

Intellectual Property Rights

You agree that the Foundation holds all right, title and interest to all Site services, its websites and information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such Site services.

All content including but not limited to text, graphics, downloads and software included on this site is the property of the Foundation or its licensors and protected by United States and international copyright laws.

You also grant the Foundation a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to the Foundation.    Such information will be used solely by the Foundation in conjunction with marketing the Site and Site services.

 

Disclaimer of Warranties

THE FOUNDATION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVILABLE” BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF THE FOUNDATION DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  THE FOUNDATION DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETNESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF THE FOUNDATION, THE FOUNDATION PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE FOUNDATION, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH THE FOUNDATION.

THE FOUNDATION DOES NOT WARRANTY OR GUARENTEE ANY OF ITS USERS COMPLIANCE WITH LAW, INCLUDING BUT NOT LIMITED TO EMPLOYMENT LAWS.  USERS WHO USE THIS SITE IN CONJUNCTION WITH AN EMPLOYMENT APPLICATION DO SO AT THEIR OWN RISK.  THE FOUNDATION IS NOT RESPONSIBLE FOR THIRD-PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

 

Assumption of Risk

When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.

 

Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, the Foundation can be contacted by email (see the email addresses noted below).

 

Indemnification

As a user of this Site, you agree to release, indemnify, defend and hold harmless the Foundation and all of its board members or directors, officers, agents, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third-party or relating to or arising under violations of the TOU or the Privacy Policy, your submissions to the Site, your use of any services of the Site, or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  This indemnification obligation is in addition to any other rights or remedies the Foundation may have in law or equity.

You agree that the Foundation shall have the right to participate in the defense of any claim asserted against the Foundation.  You also agree that the Foundation shall be entitled to retain a counsel of the Foundation’s own choosing at your cost.  You further agree to notify the Foundation of your knowledge of any claim against the Foundation.  You agree to cooperate fully with the Foundation during such proceedings.

 

Right to Refuse Service

The Foundation in our sole discretion and without any liability to us, reserves the right to refuse Site service to any person or entity.

 

Consent and Survival of Agreement

By using the Site services provided by the Foundation under this TOU and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOU and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of this TOU and the Privacy Policy.  These terms of this TOU and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

 

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOU or privacy policy, you may inform the Foundation in writing about the facts and circumstances of the alleged abuse/violations by writing to: Mr. Jeremy Houle at the address identified below.  The Foundation may, but is not obligated, to conduct an investigation into the allegations.  The Foundation reserves the right to remove content, or postings that the Foundation in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

 

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will the Foundation be liable to you for your failure to retain necessary records, nor will the Foundation’s (non-)retention of records act to alleviate your duty under the law.

 

Termination of Services

To the extent a user receives services, they may contact the Foundation at the address noted below in writing and via U.S. Mail.

You acknowledge and agree that we may terminate or block your use Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by this TOU or the Privacy Policy.  You agree that upon termination or discontinuance for any reason, the Foundation may delete all information related to you on the service and may bar your access to and use of Site services.

 

Notices and Communication

You authorize the Foundation to communicate with you to the full extent allowed by the Foundation’s Privacy Policy.  Such communication may include commercial e-mails and other notices describing changes, upgrades, or fundraising events.   If you do not wish to receive bulk email solicitation notices or announcements from the Foundation please send us an email at hunterhoulefoundation@gmail.com.

 

Notices that you send to us must be delivered via first class mail to the address noted below.  You may also send us notices to hunterhoulefoundation@gmail.com so long as you place “LEGAL NOTICE” in the subject line of the email.

 

You authorize us to send any notices to you based on the information you provide us.  We are not responsible if you fail to keep your contact information up to date.

 

Choice of Law, Jurisdiction and Venue

All purchases from and donations to the Foundation are deemed made within the State of Minnesota.  The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to its conflict of law principles.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by the Foundation to you shall be brought and maintained exclusively in the state or Federal courts located in Hennepin County, Minnesota.  Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Hennepin County, Minnesota for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

 

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against the Foundation related to the Site, this TOU, the Privacy Policy, or procurement of other Site Services, is limited solely to the amount you paid for such Site services or $100, whichever is less.  IN NO EVENT SHALL ANY THE FOUNDATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES RELATED TO EMPLOYMENT MATTERS) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, SITE SERVICES, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH THE FOUNDATION MAY BE RESPONSIBLE.

 

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action against the Foundation arising out of or related to your use of the Site or Site services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

 

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

 

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from the Foundation.  Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at the Foundation’s option.

 

Successors and Assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

 

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by the Foundation in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, the Foundation’s election to not assert its rights under this TOU shall not preclude the Foundation from asserting its rights in the future.

 

Severability of Terms

If any provision of this TOU or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in this TOU, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

 

Attorneys’ Fees

If the Foundation prevails in any action, suit, or proceeding arising from or based upon this TOU, the Foundation shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

 

Headings

The headings in this TOU are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

 

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

Legal Advice

THE FOUNDATION DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS.  USERS OF ANY SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD-PARTY.  FURTHER, THE FOUNDATION DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREEMENTS BETWEEN USERS OF THIS SITE.

 

General Contact:

 

HUNTER HOULE MEMORIAL FOUNDATION

20195 Greystone Avenue N

Forest Lake, MN 55025

info@hunterhoulememorialfoundation.org

hunterhoulefoundation@gmail.com