Date last modified: July 28, 2018.
1. Terms of Donation. Individuals, foundations, non-profit organizations, businesses/corporations, or other entities that make charitable contributions (“Donor(s)” or “you”) may donate to the School (“Donation”) online via http://www.upperdeckstore.com/lebron-james-family-foundation (the “Site”) and in exchange will receive one (1) LeBron James (“James”) game worn shoe (individually a “Shoe” or collectively the “Shoes”). Additionally, by making a Donation, the name of your choice will be engraved on a plaque next to the matching shoe, to be displayed at the School. LJFF qualifies for Section 501(c)(3) status under the Internal Revenue Code. Please consult your tax or financial advisor for specific questions regarding the Donation. All Donations shall be made by credit/debit card or PayPal, and are final, non-refundable, and non-exchangeable. All Shoes are subject to availability and provided in AS-IS condition with all faults, damage and defects, and cannot be exchanged or returned to LJFF.
BY MAKING A DONATION, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND LJFF, AND GOVERNS YOUR DONATION. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, DO NOT USE THE SITE OR MAKE A DONATION.
If you make a Donation, we may hold personal information, including, without limitation, your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es) and information resulting from authentication and/or identity checks so that we can process and fulfill your Donation. LJFF reserves the right to reject your Donation for any reason, including without limitation, due to credit card or PayPal authorizations, or shipping restrictions. All credit/debit card holders are subject to validation checks and authorization by the card issuer. For your security, your billing name and address must match that of the credit card user to process the Donation.
2. Use of the Site. All Donations made in connection with the Site are shown and processed in United States Dollars (USD). By making any Donations in connection with the Site, you acknowledge and agree that your credit card company may convert the charges from USD to your applicable country’s currency and additional fees may apply with respect to such conversion. In order to make a donation, you may create an account or register as a guest on the Site.
LJFF does not warrant that the Shoe descriptions or other content of any the Site is accurate, complete, reliable, current, or error-free. You acknowledge and agree that LJFF offers the Shoes and establishes the related Shoe values in reliance on the warranty disclaimers, releases, and limitations on liability set forth in this Agreement. Users of the Site must be eighteen (18) years or older to use the Site and to make Donation and receive a Shoe. By using the Site and making a Donation, you certify that you are at least eighteen (18) years of age. You agree to provide accurate information concerning your age and identity upon registration for an account within the Site and/or making a Donation on the Site.
LJFF reserves the right refuse or cancel Donations. LJFF reserves the right to investigate all Donations suspected to be in violation of this Agreement. LJFF reserves the right to limit, prohibit, or refuse Donations that, in LJFF’s sole discretion, appear to be placed by unauthorized persons. Additionally, LJFF may, in its sole discretion, limit or cancel orders due to fraudulent activity.
UDC, LJFF, and/or other third parties may present advertisements and promotional materials on, through, or in connection with the Site and the Site will give you the option to opt-in to certain publications, news, and updates. Your opt-in status is subject to the terms and conditions associated with that entity for which you opted-in. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Site, including payment and delivery of related goods, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party.
4. Shipping. Shoes received related to each Donation may require six (6) to eight (8) weeks to ship after you make a Donation. For international shipments, you may be responsible for applicable taxes and duties. These will be collected by the carrier, from you upon delivery. Please note that international orders may have a longer processing time. Shipping may also be disrupted due to unpreventable weather, mechanical or operational failures, terrorism, or other delays out of LJFF’s control. LJFF and UDC are not liable for any shipping disruption or delay. We reserve the right to cancel any order that does not meet this requirement. Orders incident to Donations will be shipped to the address designated by you if such address is compliant with the shipping restrictions contained this Agreement. All risk of loss and title for items purchased from this Site pass to you upon delivery of such items to the carrier. You are responsible for any claims with carriers for damaged and/or lost shipments.
5. Third-Party Websites, Extensions, and Apps. We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). LJFF is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. LJFF does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE AGREEMENT, PRIVACY
POLICY AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
6. DMCA Notice of Copyright Infringement. The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice.
To send a notice, please forward the following information to email@example.com
1. your address, telephone number, and email address;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of the allegedly infringing material and of where the allegedly infringing material is located;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. a 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.
8. Limitation of Liability. IN NO EVENT SHALL LJFF, JAMES, UDC, AND/OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS (THE “SITE PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR DONATION, (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 OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LJFF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE PARTIES SHALL NOT BE LIABLE FOR USER COMMUNICATIONS, SITE USER COMMUNICATIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS AND REMAINS ENTIRELY WITH YOU.
9. Indemnification. You agree to indemnify and hold harmless LJFF, James, UDC, and their respective affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, licensors, and assignees and their respective officers, employees, and agents (collectively the “Indemnified Parties”) from and against any and all liabilities, claims, actions, demands, damages, costs, losses, and expenses (including, but not limited to, costs and attorney’s fees) made by any third party arising from or related to your use of the Site, your Donation, violation of the terms of this Agreement, and/or violation of any proprietary or privacy rights of another. In the event of such defense, the Indemnified Parties shall select legal counsel, and you will not enter into any settlements or make any admissions on the Indemnified Parties’ behalf without the Indemnified Parties’ prior written consent. In the event that, within ten (10) business days following the receipt of written notice from the Indemnified Parties of any such Claim, you do not accept requested defense of or indemnification for any Claim which indemnification is required, the Indemnified Parties shall have the full right to defend against and settle any such Claim at your sole expense, including, but not limited to, attorney’s fees, and costs. This indemnification obligation shall survive any termination of this Agreement.
10. Jurisdiction. Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in Cleveland, Ohio.
12. Disclaimer. Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Site Parties. The views and opinions expressed on the Site do not necessarily state or reflect those of Site Parties.
13. Waiver. The failure to enforce any term or provision of this Agreement shall not be construed as a waiver by LJFF. No term or provision of this Agreement will be considered waived, and no breach excused, by LJFF unless such waiver or consent is in writing and signed on behalf of LJFF. Any consent by LJFF to, or waiver of, a breach by any user, shall not constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by any user.
14. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such portion, or provision, shall be, as to such jurisdiction, ineffective to the extent it is declared invalid or unenforceable and severable from the remainder of this Agreement. The validity and
enforceability of the remaining provisions of this Agreement shall not be affected and the remainder of this Agreement shall remain enforceable to the fullest extent permitted by law.
15. Notice. For any questions and inquiries regarding this Agreement, the Donations, or this Site, please contact firstname.lastname@example.org.
16. Site Modifications. LJFF may modify or terminate the Site or the ability to make Donations at any time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this Agreement. Please review these terms from time to time so that you will be apprised of any changes.