The Butkus Award Web site (the “Site”) is owned and operated by The Butkus Foundation (“Butkus Foundation” or “we.”) By accessing or using the Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein, including these Terms of Use (“Terms.”) If you do not agree to these Terms, you may not access or use the Site. The Butkus Foundation reserves the right to modify these Terms, in the Butkus Foundation’s sole discretion, effective upon posting to the Site, and your continued access or use of the Site constitutes agreement to all such changes. Please check the Terms frequently for changes.
You should not rely on the Site or its content to diagnose or treat any medical or mental health issue you may have, nor should you rely on the Site or content to disregard any professional advice or to delay seeking such advice. If you are seeking professional advice, please contact a medical professional.
PRIVACY
The Site Privacy Policy, as amended from time to time, is incorporated as a part of these Terms. The Butkus Foundation and the Butkus Award value the privacy and safety of children who may visit the Site, and will not knowingly collect personally identifiable information from any child under the age of 13, except as specifically provided under our Privacy Policy, for example in order to respond to a one-time request from a child.
USE OF THE SITE AND CONTENT
All right, title and interest in the Site and all content contained herein, other than Member Content, as defined below, is the exclusive property of the Butkus Foundation. The Site is intended for personal, non-commercial use only. The Butkus Foundation grants you a limited license to access and make personal use of the Site and its content for non-commercial purposes. You may print, copy and download a single copy of any information or other content on the Site for your personal use only, provided that you do not delete or modify any copyright or other proprietary notices. This limited license is not transferable and does not include any resale or commercial use or derivative use of the Site or its content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Site, except as expressly provided herein, without the Butkus Foundation’s prior written approval. Use of data mining, robots, or similar data gathering and extraction tools on or in connection with the Site is prohibited without the express prior written consent of the Butkus Foundation.
You may not use any meta tags or any other “hidden text” utilizing the Butkus Foundation’s name, Play Clean, Butkus Award or any other trademark of the Butkus Foundation without the express written consent of the Butkus Foundation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page of the Site for non-commercial purposes only, so long as the link does not portray the Butkus Award, Play Clean campaign or Butkus Foundation or its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Unauthorized access or use of the Site, its content or any Butkus Foundation system, including, but not limited to, unauthorized entry into our systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site, our systems or services or interfere with any other party’s use and enjoyment of the Site. You may not gain or attempt to gain unauthorized access to the Site or any content or service, computer systems or networks connected to any Butkus Foundation site or service, through hacking, password mining or any other means. You agree that you will comply with all laws, statutes and regulations of all applicable jurisdictions with respect to your access and use of the Site, including, without limitation, with respect to any Member Content you submit.
When accessing the Site and its content, you will be exposed to content from a variety or sources, including Member Content. The Butkus Foundation is not responsible for Member Content or any other third party content on the Site, including, without limitation, its accuracy, safety, or intellectual property rights with respect to such content. You may be exposed to Member Content that is inaccurate or offensive and you hereby waive any claims or remedies you have may have against the Butkus Foundation, its affiliates and their respective officers, directors, employees, contractors and agents with respect thereto.
BUTKUS AWARD MEMBERSHIP
In order to use some portions of the Site or submit photographs, videos, text and other content to the Site (“Member Content”), you must become a Butkus Award member. You must be at least 18 years of age to become a member. You agree to provide accurate and complete information when you complete the membership application and at all other times. You are solely responsible for keeping your password secure and for all activity on your account. You agree to notify the Butkus Foundation immediately in the event of any unauthorized use of your account. You acknowledge that Member Content you submit is not subject to the Privacy Policy. We may terminate your membership and/or your right to access the Site if we believe you have violated these Terms.
MEMBER CONTENT
By submitting Member Content, you grant the Butkus Foundation a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to distribute, copy, create derivatives and otherwise use such Member Content in connection with the Butkus Award Site and the Play Clean campaign, in all media and all formats, now known or hereafter discovered. You agree that visitors to the Site may access and use Member Content as permitted under these Terms.
All Member Content you submit or which is submitted under your membership account is your sole responsibility. You agree not to submit or post, or allow any third party to submit or post, any Member Content that (a) is illegal, obscene, defamatory, invasive of privacy, harassing, harmful to minors, racially, ethnically or otherwise objectionable; (b) violates any applicable local, state, national or international law; (c) infringes the patent, trademark, trade secret, copyright or other proprietary rights of any person or entity or which you do not have the right to submit or post; (d) contains software viruses, corrupted data, cancel bots, or otherwise disrupts the operation of the Site; or (e) consists of commercial solicitations, or mass mailings or any form of “spam.” You warrant that you own or all rights in any Member Content you post on the Site or have obtained the right to post such Member Content and to grant the rights granted under these Terms.
The Butkus Foundation does not regularly review third party content, but reserves the right (but not the obligation) to monitor and edit or remove Member Content at any time, and without prior notice. The Butkus Foundation has no responsibility and assumes no liability for any content posted by you or any third party.
INFRINGEMENT
If you are a copyright owner or the agent of a copyright owner and believe any Member Content or any other content on the Site infringes any copyright or other intellectual property right, please provide the following information, in writing and signed by you, to the Butkus Foundation Copyright Agent at the address listed below:
- A description of the allegedly infringing content and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- Your address, telephone number and e-mail address.
- Your statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information, products and services on the Site are provided on an “AS IS,” and “AS AVAILABLE” basis. The Butkus Foundation does not warrant the information or services provided herein or your use of the Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Butkus Foundation will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Site. The Butkus Foundation cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data available on or through the Site for any particular purpose. Neither the Butkus Foundation nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site, the data contained herein or the content and any products or services offered on the Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Butkus Foundation or of any vendor providing software or services. In no event will the Butkus Foundation or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if the Butkus Foundation or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. The Butkus Foundation cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, other than Member Content, is the property of the Butkus Foundation or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Butkus Foundation and protected by U.S. and international copyright laws. All software used on the Site is the property of Southside Partners or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Butkus Foundation, Play Clean, Butkus Award and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of the Butkus Foundation. The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners. You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of the Butkus Foundation or such third party which may own the marks.
LINKS
The Site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Butkus Foundation of any information contained in any third party Web site. In no event shall we be responsible for the information contained on any third party Web site or your use of or inability to use such site. You should also be aware that the terms and conditions and privacy policies of third party Web sites may be different from those applicable to your use of this Site.
INTERNATIONAL USE
The Site is controlled and operated by the Butkus Foundation from its headquarters in Brush Prairie, Washington, United States of America. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. The Butkus Foundation makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
LIMITATION OF LIABILITY
THE BUTKUS FOUNDATION SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THE SITE, ITS CONTENT OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE BUTKUS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE BUTKUS FOUNDATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BUTKUS FOUNDATION’S LIABILITY EXCEED $50.00.
JURISDICTION
These Terms, as well as the Privacy Policy for this Site, and any dispute that may arise between you and the Butkus Foundation shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction of and venue in the courts of Clark County, Washington, U.S.A. for all disputes arising out of or relating to the Privacy Policy, Terms, the Site and/or the content accessed on or through the Site.
Unless otherwise specified herein, these Terms and the Privacy Policy constitute written agreements between you and the Butkus Foundation and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Butkus Foundation with respect to the Site. A printed version of any electronic notices pertaining to the same shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You may not assign any right or obligation under these Terms without the Butkus Foundation’s prior, written consent. The Butkus Foundation may assign these Terms, in whole or in part, in its sole discretion.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, AND IF NOT COMMENCED WITHIN SUCH PERIOD SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have question about the Site or these Terms, contact the Butkus Foundation at:
Butkus Foundation
C/O Matt Butkus
1111 S. Wabash Ave
Suite 1603
Chicago, IL 60605