PROUD FOUNDATION, INCORPORATED
WEBSITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Proud Foundation Incorporated (hereinafter "Proud”). The collective work includes works that are licensed to Proud, Copyright 2008-2015, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of research or offline reference. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Proud to purchase products. You may also curate content from this site onto your site provided you:
- list ProudFoundation.org as the original site publishing this content,
- list “The Proud Foundation” as the originating publishing entity,
- provide a link to this website for anyone to access our site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Proud. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Proud in the site are trademarks or registered trademarks of Proud.
This site’s functionality and any claims made herein are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Proud disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Proud does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Proud does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warrantees, so the above limitations may not apply to you.
Refunds & Returns
Proud awards various premiums, products, courses and/or services as incentives (hereinafter “premium”) for providing donations/contributions (hereinafter “donation”) to its various causes. If for any reason you change your mind and request the return of your donation, it must be in written form and dated by an appropriate third party time/date stamp within 30 days of the date of the donation. Any return of donation must be accompanied by the return of any premium issued for that donation, except for downloadable files as explained below. The return of the premium must be authorized and accepted by Proud as a condition for any refund. Please note that we cannot process packages marked "Return to Sender.” Returned premiums require a Return Merchandise Authorization (RMA) number to ensure accurate processing. RMA numbers may be obtained by emailing us at Service@Proud.com for return of the premium. Provided the request for return of donation is approved, the premium(s) must be returned unopened and not past the labeled expiration date (if applicable), you will be refunded your entire donation, less the cost of shipping the premium(s), both incoming and outgoing. Please note that we cannot accept opened containers or partially used products due to safety concerns. Premiums consisting of downloadable files need not be returned; however, the receiver must cease and desist using such premiums for any personal gain, or from making any sales to others to gain profits.
Limitation of Liability
Proud shall not be liable for any special or consequential damages that result from the use of, or the inability to use, anything received or downloaded from Proud, even if Proud has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer, Medical, Financial or Otherwise
The statements, images or references made by Proud or any of its associated individuals or companies, in any form, or on this or any other web site (“content”) are for educational, entertainment & informational purposes only.
The information presented herein is, to the best belief of Proud, as complete and accurate as can be disclosed. Proud makes these disclosures for informational purposes only and makes no warranties with respect thereto.
In the event that any item from Proud is mistakenly listed, Proud reserves the right to refuse or cancel any donations incorrectly made. for product listed at the incorrect price. Proud reserves the right to refuse or cancel any donation whether or not it has been confirmed, Proud shall issue a credit to your credit card account, or return the credit via PayPal, in the amount of the cancelled donation less any deductions as listed above.
Term & Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing your donation. These terms and conditions, or any part of them, may be terminated by Proud without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Proud may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ProudFoundation.org.
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Ramsey County, Minnesota. Any cause of action or claim you may have with respect to the site must be commenced within ninety (90) days after the claim or cause of action arises. Proud’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Proud may assign its rights and duties under this Agreement to any party at any time without notice.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Proud or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Proud does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Proud is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. Proud reserves the right to block or remove communications, posting, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Proud in its sole discretion.
You agree to indemnify, defend, and hold harmless Proud, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Proud may link to sites operated by third parties. However, even if the third party is affiliated with Proud, Proud has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Proud. These linked sites are only for your convenience; therefore, you access them at your own risk. Nonetheless, Proud seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Revised September 20, 2015
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