TERMS AND CONDITIONS
Terms of Use
The Chandler Kimball Foundation for CTE Awareness (“CKF”) maintains this site as a service to its donors and supporters. By using this website (“the CKF site”), you are agreeing to comply with and be bound by the following Terms of Service and the CKF Privacy Statement.
If you do not agree with these Terms of Service, do not use the CKF site. The CKF may revise and update these Terms of Service at any time; please periodically review them because your continued usage of the CKF site indicates your agreement with any such changes.
1. Copyright
Ownership
All content included on the CKF site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the CKF or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the CKF site is the exclusive property of the CKF and protected by U.S. and international copyright laws. All software used on the CKF site is the property of the CKF or its software suppliers and protected by U.S. and international copyright laws.
Permitted use
The content and software on the CKF site may be used as an information and registration source.
In addition, the CKF hereby authorizes you to view, copy, download, and print for personal use only any CKF-owned content on the CKF site. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials licensed to the CKF.
Any other use of the content on the CKF site is strictly prohibited. You may not copy, reproduce or distribute the design or layout of the CKF site, the CKF logos or other design elements or software.
Copyright complaints
The CKF respects the intellectual property of others, and we ask our content partners and donors to do the same. If you believe that your copyrighted work has been copied and is accessible on the CKF site in a way that constitutes copyright infringement, you may notify the CKF by providing the CKF’s copyright agent the following information:
a) an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c) Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., Web page address) where it is posted or the name of the magazine in which it has been published.
d) Identification of the URL or other specific location of the CKF site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e) Your name, address, telephone number and email address.
f) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g) A statement by you, made under the penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The CKF’s agent for notice of claims of copyright infringement on the CKF site can be reached as follows: Chandler Kimball Foundation for CTE Awareness, ATTN: Legal, 914 East Broadway Rd #1023, Tempe, AZ 85282.
2. Permitted use of the CKF trademarks
The CKF trademarks identify the CKF products and services and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from the CKF. Please make such requests by email to legal@lifesbigwin.com; we will evaluate your request as soon as possible. The CKF tradenames are the Chandler Kimball Foundation for CTE Awareness and LIFESBIGWIN.COM. The CKF’s trademarks include the Chandler Kimball Foundation for CTE Awareness and LIFESBIGWIN.COM. This list is not exhaustive; the CKF may own other trademarks that are not included here.
3. Links; Third party services; Promotional messages
As a convenience to our donors and friends, we may provide links to third-party Web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against the CKF with respect to such linked sites.
4. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE CKF SITE IS AT YOUR SOLE RISK. THE CKF SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CKF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE CKF IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CKF ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
The CKF makes no warranty that the CKF site services will be uninterrupted, secure or error free. The CKF does not guarantee the accuracy or completeness of any information in, or provided in connection with, the CKF site. The CKF is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the CKF site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
5. Limitation of liability
THE CKF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE CKF SITE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE CKF SITE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE CKF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify and hold each of the CKF and its officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the CKF Web site, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
7. Termination
The CKF reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the CKF site and/or any other service provided to you by the CKF.
8. Applicable law; Consent to jurisdiction
The CKF site (excluding linked sites) is controlled by The CKF from its offices within the State of Arizona, United States of America. The CKF site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing the CKF site both you and the CKF agree that the statutes and laws of the State of Arizona, without regard to the conflict of laws, principles or choice of law thereof, will apply to all matters relating to use of the CKF site.
You agree that exclusive jurisdiction for any dispute with the CKF, or in any way relating to your use of the CKF site, resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any dispute including any claim involving the CKF or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be declared unlawful by a court of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
9. Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The CKF may assign its rights and obligations under these Terms of Service and upon such assignment the CKF may be relieved of any further obligation hereunder.
This Terms of Use was updated and is effective as of June 3, 2021.