Terms of Use
Welcome to the Cameron Keith Erskin Scholarship Foundation website and scholarship application service ("CKE Scholarship Foundation”, “our," "we," or "the site"). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on, or in connection with, the website. By accessing or using this website, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information, as set forth in the Privacy Policy, whether or not you are a registered user of CKE Scholarship Foundation. We reserve the right to make unilateral modifications to these terms and will provide notice of these changes, as described below. This Agreement applies to all visitors, users, and others who access this website ("Users").
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PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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Use of Our Service
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A. Eligibility
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This is a contract between you and the Cameron Keith Erskin Scholarship Foundation. You must read and agree to these terms before using our service. If you do not agree, you may not use this website. You may use this service only if you form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to this website by anyone under 13 is strictly prohibited and in violation of this Agreement. This website is not available to any Users previously removed from this website by us.
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B. Service
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Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use this website for your personal, noncommercial use only and as permitted by the features of this website. We reserve all rights not expressly granted herein in this website and the Content (as defined below). We may terminate this license at any time for any reason or no reason.
C. My Accounts
Your account gives you access to this websites and functionality that we may establish and maintain from time to time, and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a Cameron Keith Erskin Scholarship Foundation, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to us with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
By providing your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of this website and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of this website in any medium, including and without limitation, automated or non-automated "scraping"; (ii) using any automated system, including and without limitation, "robots," "spiders," "offline readers," etc., to access this website in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that grants the operators of public search engines revocable permission to use "spiders" to copy publicly available materials from us for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited emails; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running this website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through this website; (vii) collecting or harvesting any personally identifiable information, including account names, from this website; (viii) using this website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of this website; (xi) accessing any content on this website through any technology or means other than those provided or authorized by this website; or (xii) bypassing the measures we may use to prevent or restrict access to this website, including, without limitation, features that prevent or restrict use or copying of any content, or enforce limitations on use of this website or the content therein.
Accessing any audiovisual content that may be available on this website for any purpose or in any manner, other than Streaming (as defined below), is expressly prohibited unless explicitly permitted by the functionality of this website. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from this website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
We may, without prior notice, change this website; stop providing this website or features of this website, to you or to users, generally; or create usage limits for this website. We may permanently or temporarily terminate or suspend your access to this website, without notice, and without liability, for any reason, including, if – in our sole determination – you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other users, or for any user’s action or inaction.
User content
Some areas of this website allow users to post or provide content, such as profile information, images, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on this website is referred to as "user content"). We claim no ownership rights over user content created by you. The user content you create remains yours; however, by providing or sharing user content through this website, you agree to allow others to view, edit, and/or share your user content in accordance with your settings and this Agreement. For example, by submitting a scholarship application through this website, you agree to allow donors to view certain information provided by you and to allow readers of scholarship essays to read and review your essays. We have the right (but not the obligation), in its sole discretion, to remove any user content that is shared via this website.
You agree not to post or provide user content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any user content that you post does not, and will not, violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your user content contains music, you hereby represent that you are the owner of all the copyright, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such user content and have the power to grant the license granted below. We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in its sole discretion, violates any of these provisions. You understand that publishing your user content on this website is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other intellectual property rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist, or hereafter come into existence, and all applications therefore, and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In connection with your user content, you affirm, represent, and warrant the following:
We take no responsibility and assume no liability for any user content that you or any other user or third-party posts, sends, or otherwise makes available over this website. You shall be solely responsible for your user content and the consequences of posting, publishing it, sharing it, or otherwise making it available on this website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your user content. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur because of, or relating to, any user content.
You have the written consent of each and every identifiable natural person in the user content, if any, to use such person’s name or likeness in the manner contemplated by this website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
1. You have obtained, and are solely responsible for obtaining, all consents as may be required by law to post any user content relating to third parties.
2. Your user content and our use thereof, as contemplated by this Agreement and this website, will not violate any law, or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights.
3. We may exercise the rights to your user content granted under this Agreement, without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, or otherwise.
4. To the best of your knowledge, all your user content and other information that you provide to us is truthful and accurate.
User content License Grant
By posting or otherwise making available any user content on or through this website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness, as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with this website and our (and its successors’ and affiliates’) business, including, without limitation, promoting and redistributing part or all of this website (and derivative works thereof), in any media formats and through any media channels. You also hereby grant each user of this website a non-exclusive license to access your user content through this website, and to use, reproduce, distribute, display, and perform such user content, as permitted through the functionality of this website and under this Agreement.
Our Proprietary Rights
Except for your User content, this website and all materials therein, or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other users (the "Cameron Keith Erskin Scholarship Foundation Content"), and all Intellectual Property Rights related thereto, are the exclusive property of ours and our licensors (including other Users who post User content to this website). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Cameron Keith Erskin Scholarship Foundation Content. Use of the Cameron Keith Erskin Scholarship Foundation Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Cameron Keith Erskin Scholarship Foundation Property
This website contains data, information, and other content not owned by you, such as reputational or status indicators ("Cameron Keith Erskin Scholarship Foundation Property"). You understand and agree that regardless of terminology used, "Cameron Keith Erskin Scholarship Foundation Property" represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion. Property is not redeemable for any sum of money or monetary value from us at any time. You acknowledge that you do not own the account you use to access this website, nor do you possess any rights of access or rights to data stored by or on behalf of us, on Cameron Keith Erskin Scholarship Foundation servers, including, and without limitation, any data representing or embodying any or all of your Cameron Keith Erskin Scholarship Foundation Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Cameron Keith Erskin Scholarship Foundation Property as it sees fit, at its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right. All data on our servers are subject to deletion, alteration, or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON our SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME, FOR ANY REASON, AT CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION’S SERVERS.
No Professional Advice
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If this website provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in this website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Text Messaging
You will receive certain notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Privacy
We care about the privacy of our users. You understand that by using this website you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data, as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred, and processed in, the United States.
Security
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice
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Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
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If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via this website, please notify a Cameron Keith Erskin Scholarship Foundation’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
In accordance with the DMCA and other applicable law, Cameron Keith Erskin Scholarship Foundation has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Cameron Keith Erskin Scholarship Foundation may also at its sole discretion limit access to this website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
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1. Identification of the copyrighted work that you claim has been infringed;
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2. Identification of the material that is claimed to be infringed and where it is located on this website;
3. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
4. 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 law; and
5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
6. Cameron Keith Erskin Scholarship Foundation Technologies
7. Attn: DMCA Notice
8. Address: P.O. Box 580193, Houston, Texas 77258
Third-Party Links and Information
This website may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from this website or share your User content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation User content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on this website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Cameron Keith Erskin Scholarship Foundation shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Indemnity
You agree to defend, indemnify and hold harmless Cameron Keith Erskin Scholarship Foundation and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) User content or any content that is submitted via your account, including without limitation, misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of this website with your unique username, password, or other appropriate security code.
No Warranty
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THIS WEBSITE.
CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION, SERVICE, OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, OR RELATING TO, THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THIS WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
This website is controlled and operated from facilities in the United States. We make no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use this website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on this website are solely directed to individuals, companies, educational institutions, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) this website shall be deemed solely based in Texas; and (ii) this website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Galveston County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Galveston County, Texas is the proper forum for any appeals of an arbitration award, or for trial court proceedings, in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute you have with us after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Galveston County, Texas, unless you and Cameron Keith Erskin Scholarship Foundation agree otherwise. If you are using this website for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using this website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts, as necessary, to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THIS WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CAMERON KEITH ERSKIN SCHOLARSHIP FOUNDATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
General
1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Notification Procedures and Changes to the Agreement. Cameron Keith Erskin Scholarship Foundation may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us, at our sole discretion. Cameron Keith Erskin Scholarship Foundation reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. Cameron Keith Erskin Scholarship Foundation is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Cameron Keith Erskin Scholarship Foundation may, at its sole discretion, modify or update this Agreement from time to time, and so you should review this page, periodically. When we change the Agreement in a material manner, we will update the "last modified" date at the bottom of this page. Your continued use of this website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) this website.
3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with the Cameron Keith Erskin Scholarship Foundation in connection with this website, shall constitute the entire agreement between you and us concerning this website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Foundation’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
5. Contact. Please contact us via our message center with any questions regarding this Agreement.
This Agreement was last modified October 2022.
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