Last updated September 1, 2020.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
This site is operated by John Dugan for San Carlos 2020, also referred to as John Dugan for San Carlos (together with any affiliates, “John Dugan for San Carlos,” “we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by John Dugan for San Carlos and other websites, mobile sites, and other online services which link to these Terms and are operated by John Dugan for San Carlos (the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
All questions or comments about the Sites or site content should be directed to [email protected].
- Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, John Dugan for San Carlos’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of John Dugan for San Carlos or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials intended by us for your use for your informational, non-commercial and personal use only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of John Dugan for San Carlos, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Trademarks. All logos and slogans contained in the Sites are trademarks of John Dugan for San Carlos, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of John Dugan for San Carlos or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “John Dugan for San Carlos” or any other name, trademark or product or service name of John Dugan for San Carlos without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of John Dugan for San Carlos and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. You may not use a John Dugan for San Carlos logo or other proprietary graphic of John Dugan for San Carlos to link to these Sites without the express written permission of John Dugan for San Carlos. Further, you may not use, frame or utilize framing techniques to enclose any John Dugan for San Carlos trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without John Dugan for San Carlos’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of John Dugan for San Carlos or any third party.
- Third-Party Sites, Functionality and Content. The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third Party Products and Services may include, for example, event and volunteer registration and management, donation and payment functionality, and other features, functionalities, and services powered by third parties. John Dugan for San Carlos does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third Party Content or Third Party Products and Services, and we make no representation or warranties of any kind regarding them. These Third Party Products and Services and Third Party Content are not under the control of John Dugan for San Carlos, and John Dugan for San Carlos is not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.
- Prohibited Conduct. You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding other users of the Sites without the applicable user’s prior express consent;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files;
- Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
- Distribute any unauthorized materials or advertise or promote goods, services, or political campaigns without our express written permission (including, without limitation, by sending spam);
- Sublicense any of your rights under these Terms;
- Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
- Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other person or entity to any liability, damages, or detriment of any type; or
- Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms or any additional guidelines, policies or rules posted on the Site or otherwise provided to you.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Sites for any or no reason at any time without notice.
- Truthful and Accurate Information. When you complete forms online or otherwise provide us information in connection with the use of our Sites, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Sites and pursue any appropriate legal remedies.
- Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or John Dugan for San Carlos that are provided by you in the form of email or other submissions to John Dugan for San Carlos, or any such postings on the Sites, are non-confidential and shall become the sole property of John Dugan for San Carlos. John Dugan for San Carlos shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to John Dugan for San Carlos.
- User Content and Interactive Areas. The Sites may include interactive areas or services, such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of the Sites and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any User Content that would violate these Terms, including, without limitation, any of the following:
- User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
John Dugan for San Carlos takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is John Dugan for San Carlos liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is at John Dugan for San Carlos’s sole discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, John Dugan for San Carlos is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other area of the Sites. Although John Dugan for San Carlos has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any or no reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Sites. Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant John Dugan for San Carlos and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media now known or later developed, including without limitation in advertising, fundraising and other communications in support of John Dugan for San Carlos or the candidates, issues, organizations or causes supported by John Dugan for San Carlos, without any right of compensation or attribution. You hereby waive any moral rights you may have in User Content. You grant John Dugan for San Carlos and its affiliates and sublicensees the royalty-free, perpetual, irrevocable, assignable, transferable and worldwide right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
- Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, John Dugan for San Carlos has adopted a policy of terminating, in appropriate circumstances as determined by John Dugan for San Carlos in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. John Dugan for San Carlos may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe, misappropriate, or otherwise violate any intellectual property rights of others, whether or not there is any repeat infringement, misappropriation, or violation.
- Copyright Complaints. If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: John Dugan for San Carlos
Full Address of Designated Agent to Which Notification Should be Sent: 50 Chilton Ave, San Carlos, CA 94070
E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JOHN DUGAN FOR SAN CARLOS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR THREATENED SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION RELATING TO THE SITES OR THE USER CONTENT.
- DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY JOHN DUGAN FOR SAN CARLOS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JOHN DUGAN FOR SAN CARLOS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. JOHN DUGAN FOR SAN CARLOS DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
JOHN DUGAN FOR SAN CARLOS IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE JOHN DUGAN FOR SAN CARLOS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, JOHN DUGAN FOR SAN CARLOS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. JOHN DUGAN FOR SAN CARLOS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT. JOHN DUGAN FOR SAN CARLOS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL JOHN DUGAN FOR SAN CARLOS, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JOHN DUGAN FOR SAN CARLOS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JOHN DUGAN FOR SAN CARLOS’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JOHN DUGAN FOR SAN CARLOS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Applicable Law and Venue. These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
- Termination. Notwithstanding any of these Terms, John Dugan for San Carlos reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites.
- Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, 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 and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.