Terms of Use

Purpose
1. The Terms of Use and Agreement outlines and prescribes the requirements set forth to use the Sun God Archery at UCSD ("SGA") internet properties. Agreement to those terms and uses is required by all visitors to SGA’s internet properties, otherwise those users but immediately terminate use of those properties.
Scope
1. SGA Terms of Use and Agreement applies to any person or persons visiting SGA internet property, whether they are a member of SGA or not.
Reference Documents
1. BD020 SGA Waiver Guidelines and Policy
2. BD041 Privacy Policy
Definitions
1. Internet Properties - Includes, without limitation, www.sgaalumni.org and sungodarchery.org, mobile websites, microsites, mobile applications, SGA social media sites, any other digital services or properties operated or used by SGA from time to time (collectively the “sites”).
License Grant
1. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the sites on the condition of your continued acceptable of, and compliance with these Terms of Use.
2. You may use SGA sites and content for personal (non-commercial) use and for no other purpose. SGA reserves the right to bar, restrict, suspend, and/or terminate this license at any time for any reason.
3. SGA reserves any rights not explicitly granted in these Terms of Use.
License Restrictions
1. Unless you receive SGA’s prior written consent or unless explicitly stated in these Terms of Use, you may not change, translate, create derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the sites and/or any SGA content or any portion thereof.
2. You may not use the sites for any unauthorized or illegal purpose or activity, including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the sites, including SGA content, interference with the proper working of the sites, including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack, or other limiting routine, instruction or design, or interference with any other person’s use and enjoyment of the site.
Acceptance
1. SGA sites are available only to individuals who can enter into legally binding contracts under applicable law. These terms of agreement constitute a legally binding agreement between you and SGA regarding your use and access to the sites. By using the sites, you agree to the Terms of Use.
2. Use of the sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use, including if it was revised from the previous time you used the sites. You are responsible for regularly reviewing the Terms of Use posted to the Sites.
3. No revisions to these Terms of Use, including the provisions regarding arbitration shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.
Personal Login Information
1. Certain parts and features of the sites are available only for individuals who register and login such as through a membership subscription.
Privacy Policy
1. For information regarding SGA’s data use and protection of your personal information, please read SGA’s Privacy Policy which is incorporated into and made part of these Terms of Use.
User Obligations
1. By using SGA sites, you warrant that you will abide by, without limitation, all applicable local, state, federal, and international laws and regulations with respect to your use of the sites and that you will not interfere with the use and enjoyment of the sites by other users or the operation and management of the sites.
2. At all times, you will provide true, accurate, current, authorized and complete information when submitting information or materials to the sites including information required to be provided through SGA's membership registration form and SGA’s event registration forms.
3. In the event of any false, inaccurate, untrue, unauthorized, or incomplete information submitted by you, we reserve the right to terminate your access and use of the sites.
4. You warrant that you will not impersonate any other person, entity, whether real or fictitious when using the sites or defame and/or harm any party through your use of the sites.
5. You will not use our services to upload, download, post, email, transmit, or make available any content, including attachments thereto:
  1. That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. That you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  3. That infringes patents, trademarks, trade secrets, copyright, or other proprietary rights of any party.
  4. Any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
  5. Any material that contains software viruses or any other computer code, files, or programs designed to collect unauthorized data, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. Intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
6. You agree to abide by SGA Code of Conduct.
Proprietary Rights
1. The content of SGA’s sites include, without limitation, SGA trademarks, service marks, logos, brands, brand names, trade names and other distinctive identification (the “SGA Marks”) and information, data, materials, interfaces, computer code, databases, products, services, software apps and tools, text, images, photographs, audio and video including podcasts and artwork, look and feel and arrangement of any content contained in or available through the sites (the “SGA Content”).
2. SGA Marks and SGA Content is the property of SGA by law, including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, federal, and international laws, treaties and regulations.
3. Reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any SGA Content by you or by you through any other person or entity is prohibited unless explicit, written consent is separately obtained from SGA or the owner if SGA is not the owner.
4. Any use of SGA Marks without explicit, written consent is prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in SGA Content, including any such notices appearing in SGA content that you are permitted to download, transmit, display, print, or reproduce from the sites.
Responsibility for Use of the Internet and Websites and Exclusion of Liability
1. The use of the internet and sites is solely at your risk and subject to, without limitation, applicable local, state, federal, and international laws and regulations. Unless explicitly required by law, SGA does not guarantee the confidentiality of security of any communication or other material transmitted to or from the sites over the internet or other communications networks.
2. SGA shall not be obligated to correct or update the sites or SGA Content and shall not be liable for omissions, typographical errors, or out of date information which may appear on the sites.
Accuracy of Information
1. The information on the sites and SGA Content are for informational purposes only and does not act as legal advice or counsel. The information may or may not reflect the most current legal developments and accordingly, the information on the sites are not promised or guaranteed to be correct, complete, and should not be relied upon as such. The materials on the sites and SGA do not necessarily reflect the opinions of SGA.
Third Party Information
1. The sites may have materials, information, products, and services provided by third parties and any such information is that of the respective third party, not of SGA or its affiliates. SGA makes no representation with respect to, nor does it guarantee or endorse the quality, accuracy, completeness, timeliness, or reliability of such third party materials, information, services, or products.
Notice for Claims of Intellectual Property or Copyright Infringement
1. SGA respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards, or in other user contributed content, as applicable, we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact us with the following information:
  1. A description of the copyright work or other intellectual property that you claim has been infringed.
  2. A description of where that material you claim has been infringed is located on the site.
  3. Your address, telephone number, and email address.
  4. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  5. A statement made by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Links to Third Party Sites, Websites, and Content
1. The sites may provide links (including any link through advertisements) to other sites on the internet for your convenience. These other sites are maintained by third parties over which SGA exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the sites, you do so entirely at your own risk.
2. Links posted by third parties to the sites or to SGA content may not use SGA trademarks or logo and shall not suggest that SGA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the sites shall be the responsibility of the linking party. SGA reserves the right to require any linking party to disable or remove any link that violates SGA’s policies, rights, or causes interruption or deterioration of Content.
Sharing
1. SGA Content that is downloadable, embedded, or copyable are for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing any SGA content for other than personal use is explicitly prohibited without prior written consent from SGA or the copyright holder identified in the copyright notice contained in SGA Content. SGA reserves the right to require any party sharing SGA content to disable or remove the content should its use violate SGA policies, rights, or causes interruptions or deterioration of Content.
Warranties
1. The sites and content are provided “as is” and “as available.” Neither SGA, its Officers, Coaches, Instructors, Employees, members, agents, representatives, suppliers, contractors ("SGA") provide any explicit or implied representation of warranty of any kind, including without limitation, any representation or warranty that:
  1. The sites or SGA content or any results obtained by you are complete, accurate, reliable, or non-infringing.
  2. Access to the sites will be uninterrupted, timely, secure, or error free.
  3. The quality of any products, services, information, or other material purchased or obtained by you though the sites will meet your expectations
  4. SGA content will remain unchanged or accessible on the sites.
2. All warranties, explicit and implied are disclaimed to the fullest extent permitted by law, including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Exclusion and Limitation of Liability
1. SGA shall not be liable, and disclaim any liability for any claim, loss or damage, direct or indirect, including without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages of any kind whatsoever in connection with, as a result of, or arising from:
  1. Use of or inability to use the sites and/or any SGA content.
  2. Any loss of data and/or any equipment failure.
  3. Procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the sites, or transactions entered into through or from the sites.
  4. Unauthorized access to or alteration of your transmission data.
  5. Statements or conduct of any third party on the sites.
  6. Any delay or failure of the sites arising out of causes beyond SGA’s control.
  7. Out of use of products and services contained on or accessed through the sites.
  8. Out of any content materials provided by or advertise on third party sites.
  9. Out of any other material relating to the sites or SGA content.
2. In the event of dissatisfaction with or dispute with these terms of use, the sites, and/or SGA content, your solte right and exclusive remedy is to terminate use of the sites, even if that remedy is deemed to fail of its essential purpose. You confirm that SGA has no other obligation, liability, or responsibility to you or any other party.
Exclusions
1. Some jurisdictions do not allow for the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms, or incidental/consequential damages. Accordingly, only the above limitations in XIX and XX which are lawful in your jurisdiction will apply to you and SGA’s liability will be limited to the maximum extent permitted by law.
Indemnification
1. To the fullest extent of the law, you shall defend, indemnify and hold harmless SGA, any Director, Executive Officer, or former Director or Executive Officer of SGA, member, employee, volunteer, affiliate, contractor, agents, and representatives against from any and all claims arising from or in any way related to your use of the sites and/or SGA content, any violations by you of these Terms of Use or Code of Conduct, or any other actions connected with your use of the site and/or SGA content. This includes: liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees. SGA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to SGA other than this section.
Term and Termination
1. These terms of use will take effect at the time you begin using the sites. SGA reserves the right, with or without notice, at any time and for any reason to deny you access to the sites or to any portion thereof, and to terminate these terms of use. These terms of use automatically terminate if you fail to comply with the terms set forth herein. You may terminate these terms of use at any time by ceasing to use SGA sites, but all applicable provisions of these terms will survive such termination. Upon termination, you must destroy all copies of any portion of the sites, including SGA content in your possession.
Arbitration
1. Any controversy or claim you have arising out of or relating to these terms of use shall be resolved by a single impartial arbitrator pursuant to the proceedings administered by the American Arbitration SGA under its rules for resolution of commercial disputes.
2. Any such claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class.
3. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.
4. The courts of the State of California shall have exclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award or if arbitration is not permitted by law, then any claim you have arising out of or relating to these terms of use.
5. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
6. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these terms of use.
7. SGA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these terms of use.
8. If neither party consents or agrees to any arbitration on a class or representative basis, the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis.
9. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
10. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court Southern District of California or any State court located in San Diego County, CA.
Governing Law
1. These Terms of Use and all matters regarding your use of the sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable contracts made and executed and wholly performed in the State of California, without regard to choice of law principles.
2. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.
3. Printed copies of any and all agreements, and/or notices in electronic form shall be admissible in any legal, investigative, or regulatory proceedings.
Waiver and Severability
1. The failure to exercise or enforce any right or provision within these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Statute of Limitations
1. Regardless of any statute or law to the contrary, any claim or cause of action as the result of or related to your use of the sites, must be filed by you within one (1) year after such claim or cause of action arose or it is forever barred.
Use of SGA Sites Outside the United States
1. SGA makes no claims regarding access or use of the sites or SGA content outside of the United States. If you use or access the sites or SGA content outside of the United States, you do so at your own risk and are responsible for compliance with laws and regulations of your jurisdiction as well as these terms of use.
Interaction and User Generated Content
1. SGA provides opportunities for user interaction within its sites and social media profiles with sites including, but not limited to, Facebook and LinkedIn and various blogging sites. Content and links to other sites on these sites should not be construed as an endorsement of the organizations, entities, views or content contained therein.
2. SGA is not responsible for links posted by others.
3. SGA welcomes views, comments, pictures, trackback URLs, videos, and other communications on our sites which may include discussion boards, blogs, and other services that allow users to provide feedback, comment, or content (“User Content”). By contributing User Content to any of the sites or social media profiles, users understand and acknowledge that this information is available to the public and grant SGA and non exclusive license to display, reproduce, transmit, modify such User Content and that SGA may use User Content for internal and external marketing purposes.
4. You are solely responsible for the User Content you submit.
5. If you believe any User Content infringes upon your proprietary rights, contact SGA as identified in these terms of use.
6. SGA does not approve, endorse, or adopt any User Content, an SGA assumes no liability for any User Content submitted by you or others.
7. You agree to indemnify SGA against all claims and liabilities resulting from User Content.
8. Users who do not wish to have information they have made available via these sites used, published, copies, and/or reprinted should not post on the social media profiles.
9. Other participants may use posted information beyond the control of SGA.
10. All user content is read at your own risk and SGA recommends that you do not rely on the information or advice in any of these postings.
11. SGA reserves the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or other injurious or illegal content.
12. SGA retains the right to ban and/or block a user from posting on SGA social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
13. All user content must comply with SGA Code of Conduct.
Other Terms of Use
1. On sites not operated by SGA, you are also subject to the terms of use of that host site. Information you share with or post to SGA social media profiles are also subject to the terms of use of the host site and may be used by the owners of the host site for their own purposes under the host site’s terms of use. For more information, consult the host site’s terms of use.
Complete Agreement
1. These Terms of Use, together with any revision, any additional terms or conditions incorporated by reference, constitutes the entire agreement between you and SGA relating to the sites and its use by you, and supersedes any previous written or oral communication regarding the use of the sites.
2. You acknowledge, consent, and agree that SGA may access, preserve, and disclose your account information, and the User Content you have posted if required to do so by law or in good faith believe that such access preservation or disclosure is reasonably necessary in the sole opinion of SGA to:
  1. Comply with legal process.
  2. Enforce the Terms of Agreement.
  3. Respond to claims that any content violates the rights of third parties.
  4. Respond to your requests for customer service.
  5. Protect the rights, property, and/or personal safety of SGA, its Officers, Coaches members, or other affiliates.
Amendment
1. SGA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the sites.
Notifications
1. Officers shall be notified of any amendments to the Terms of Use and Agreement.
Adoption of Policy
1. This document was adapted with permission from the Sun God Archery Alumni Association BD040 Website Terms of Use and Agreement.
2. Approved by the Board of Officers on __ 2018

Updated: 24 Sep 2018