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Terms of Service

1. Acceptance of Terms.   Your use of mac-bsa.org and its products, software and services (referred to collectively as "Services") is subject to the Terms of Service set forth herein.  By accessing, reading, browsing, completing online forms, downloading, installing, or otherwise using (referred to as "Use" or "Using" mac-bsa.org) the Services, you agree to be bound by the Terms of Service below. These rules and guidelines are here to protect you (and others) and to ensure that mac-bsa.org is safe and fun for everyone. 

2. Revisions to Terms of Service.  Boy Scouts of America, Mid-America Council (the "Council") may revise the Terms of Service at any time in its sole discretion.  Each time changes are made to the Terms of Service, a revised Terms of Service will be posted at mac-bsa.org.  If you continue to Use the Services following posting of a revised Terms of Service, it will constitute your acceptance of any such changes and of the revised Terms of Service.   

3. Privacy Policy.  Our Privacy Policy governs the collection and Use of certain information that will be obtained by us as you Use the Services.  Please review the Privacy Policy before you Use the Services.

4. Security/Passwords.  Many portions of mac-bsa.org are open for anyone to view, read, or download. There are, however, some areas where logins with an ID and password may be required.  You agree and understand that you are responsible for maintaining the confidentiality of passwords you Use to access the Services, and are responsible for all activities on mac-bsa.org.

 The Council cannot guarantee security, but reasonable steps are taken in an effort to maintain security on the system.  If you become aware of any unauthorized Use of your password or feel security has been breached, please communicate in writing your concerns with a Council staff member. If the Council suspects that an ID and login may be in Use by someone who is not authorized by the account holder, the Council may temporarily disable that account. If such a case arises, the owner of the login ID will be contacted as soon as possible. The Council reserves the right to refuse Service to anyone and to cancel an account at any time.

5. Personal Use. Mac-bsa.org is to be Used by you for your personal Use only. Commercial uses of mac-bsa.org are strictly prohibited.

6. Service Materials.

6.1  You agree to Use the Services only for purposes permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  You are solely responsible for any breach of your obligations under the Terms of Services as well as any consequences of such breach.

6.2  You acknowledge that all photographs, information, data, text, software, music, sound, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. The Council is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. The Council does not control the Content posted or collected via the Services. Therefore, we do not guarantee the accuracy, integrity or quality of such Content, nor do we guarantee that the Content and/or Services will meet your requirements or that the Use of the Services will be uninterrupted or error free.

6.3  You agree that any registration information you provide to mac-bsa.org will be accurate, correct and up-to-date.

6.4  Your Use of the Services may expose you to Content that is offensive, indecent or objectionable, and, in this respect, you Use the Services at your own risk. The Council is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the Use of any Content posted, emailed, transmitted or otherwise made available via the Services.

6.5  You agree that you will not Use the Services for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. The only exception to this is the mac-bsa.org distribution list of registered users;

to engage in any activity that is in violation of the Terms of Service or is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, tortuous, obscene, profane, sexually oriented, racially offensive, hateful, invasive of another's privacy, inaccurate, or otherwise objectionable;

to intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

to encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

to encourage the use of controlled substances;

to impersonate any other person or entity, whether actual or fictitious, including but not limited to impersonating an employee of the Council. You further agree not to Use an inappropriate user name of any kind. If you do happen to choose an alias that a person, group, or organization deems inappropriate, the Council has the right to ask you to change it and terminate your Use of the Services immediately;

distribute, send, post content regarding, or discuss any illegal material or activity of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

engage in activity that may interrupt, destroy or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;

interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein; or

to personally attack Council employees, Scouts, parents, donors, volunteers and other persons involved with the Council.

7. Content License From You.  By posting, submitting or displaying Content or completing any online forms at mac-bsa.org, you grant mac-bsa.org and its affiliates the royalty-free, perpetual, irrevocable, worldwide and non-exclusive right (including any moral rights) and license to Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that you have all the rights, power and authority necessary to grant the license above.

8. Indemnity.  You agree to indemnify and hold the Council and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you access, submit, post, transmit or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of the Terms of Service agreement, or your violation of any rights of another.

9. Links.  The Services may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because the Council has no control over such sites and resources, you acknowledge and agree that the Council is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources or the suitability or legality of such sites.  You further acknowledge and agree that the Council is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Use of or reliance on any such content, goods or Services available on or through any such site or resource.

10. Termination.

10.1 The Terms of Service will continue to apply until either terminated by you or the Council as set forth below.

10.2 You may terminate the Terms of Service agreement with the Council by providing the Council with notice in writing at the Council's address set forth herein.

10.3 You agree that the Council may, under certain circumstances and without prior notice, immediately terminate your access to the Services, delete any and all Content posted by you, or take any other action the Council deems appropriate.  Cause for such termination, deletion or other action shall include, but not be limited to, (a) your breach of the Terms of Service or other incorporated agreements or guidelines, (b) where the Council is required to do so by law, (c) a request by you, (d) discontinuance or modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity; (g) your Use of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain; (h) engagement by you in fraudulent or illegal activity; or (i) any other conduct by you that the Council deems inappropriate. Termination includes (a) removal of access to all Services and offerings within the Services and (b) barring of further Use of the Services. You also agree that all terminations for cause shall be made in the Council's sole discretion and that the Council shall not be liable to you or any third party for any termination or access to the Services.

11. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COUNCIL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

 THE COUNCIL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.

ANY MATERIAL UPLOADED, TRANSMITTED, OR DOWNLOADED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND THE COUNCIL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COUNCIL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

12. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COUNCIL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION, DELETION, CORRUPTION OR FAILURE TO STORE OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

13. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. No Third Party Beneficiaries.  The Terms of Service are not enforceable by or for the benefit of any third-party.

15. Ability to Contract.  You represent that you have the full right, power and authority to enter into the Terms of Service agreement and that any and all activities you undertake in connection with the Terms of Service agreement and Use of the Services shall be performed in compliance with all applicable laws, rules and regulations.

16. Proprietary Rights.  

16.1  You acknowledge and agree that the Council (or the Council’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Council and that you shall not disclose such information without the Council’s prior written consent.

16.2  Unless you have agreed otherwise in writing with the Council, nothing in the Terms of Service gives you a right to Use any of the Council’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

17. General Provisions.

17.1 Entire Agreement. The Terms of Service agreement constitutes the entire agreement between you and the Council and governs your Use of the Services, superseding any prior agreements between you and the Council with respect to the Services. You also may be subject to additional terms and conditions that may apply when you Use or purchase certain other Council Services, affiliate services, third party content or third party software.

17.2 Choice of Law and Forum. The Terms of Service agreement and the relationship between you and the Council shall be governed by, construed and enforced in accordance with the laws of the State of Nebraska, excluding its conflict of law provisions. You and the Council agree to submit to the personal and exclusive jurisdiction of the courts located within Douglas County, Omaha, Nebraska.

17.3 Waiver. The failure of the Council to exercise or enforce any right or provision of the Terms of Service agreement or breach of this Terms of Service agreement by you shall not constitute a waiver of such right or provision.

17.4 Severability. If a court of law rules that any provision of this Terms of Service agreement is invalid or unenforceable, then the remaining provisions of this Terms of Service agreement will continue in full force and effect.

17.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Use of the Services or the Terms of Service agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.6 Section Titles. The section titles in the Terms of Service agreement are for convenience only and have no legal or contractual effect.

18. Contact.

If you have any questions about this Terms of Service agreement or any practices used on this site, please feel free to contact us at:

Boy Scouts of America
Mid-America Council
12401 West Maple Road
Omaha, NE 68164
Phone: 402.431.9BSA (402.431.9272) Fax: 402.431.0444

Dana G. Novack, dana.novack@scouting.org (Webmaster)

Katie Godbout, katie.godbout@scouting.org (Marketing Director)

 

Effective Date: December 27, 2011

 

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