Agreement between User and BRN Associates, Inc.
Welcome to www.stmarcelinitiative.com. The www.stmarcelinitiative.com website (the “Site”) is comprised of various web pages operated by BRN Associates, Inc. (“BRN”); the Site is offered to you (the “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement (“Agreement”) to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The Site is an ecommerce; forum/online discussion; news, information, opinion; and charitable fundraising site. This site, and other websites owned, controlled, or operated by, or otherwise under the management of, BRN, are designed to engage in: 1) ecommerce, enabling customers and patrons to buy products offered for sale by BRN and its subsidiary or affiliated organizations; 2) the provision of news, opinion, and information, via blogs, forums, announcement panels, discussion boards, and other vehicles; 3) collection of donations and other contributions to further its charitable purpose.
Your use of the Site is also subject to BRN’s Policy as to Cancellations, Refunds, and Returns, and such use is conditional upon your acceptance of and compliance with said policy. Please review our Cancellation/Refund/Return Policy, which governs the Site and informs Users of its practices as to cancellation of orders, return of physical products, and refunds relative to returned or defective products.
Shipping & Delivery
Your use of the Site is also subject to BRN’s Policy as to Shipping and Delivery of products ordered and/or purchased, and such use is conditional upon your acceptance of and compliance with said policy. Please review our Shipping and Delivery Policy, which governs the Site and informs Users of its practices as to shipping and delivery of products sold via the Site.
Visiting the Site or sending emails to BRN or its subsidiary or affiliate entities constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BRN is not responsible for third-party access to your account that results from theft or misappropriation of your account. BRN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion. BRN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Furthermore, if you are under 18, you may use the Site only with permission of a parent or guardian.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BRN and BRN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BRN is providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by BRN of the site or any of its contents, or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.stmarcelinitiative.com domain, you hereby acknowledge and consent that BRN may share such information and data with any third party with whom BRN has a contractual relationship to provide the requested product, service or functionality on behalf of Site Users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to BRN that you will not use the Site for any purpose that is unlawful or prohibited thereby. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BRN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BRN Site content is not for resale, except that this provision of the Terms does not govern purchase by resellers who have established approved accounts with BRN of BRN products made available for retail or wholesale resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BRN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BRN or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of reputation, privacy, publicity, and intellectual property) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. BRN has no obligation to monitor the Communication Services. However, BRN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BRN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. BRN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BRN’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BRN does not control or endorse the content, messages, or information found in any Communication Service and, therefore, BRN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BRN spokespersons, and their views do not necessarily reflect those of BRN, nor are they necessarily endorsed by BRN in any way. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to the Site or posted on any BRN web page
BRN does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any BRN site, Communication Service, or our associated services or subsidiary or affiliated entities (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting BRN, our affiliated companies and entities, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. BRN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BRN’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions, and that absolutely no part of your Submission is plagiarized from any other source, nor does it, in whole or in part, infringe any copyright, or violate any right of privacy or other personal property right or contain any libelous, scandalous, or obscene matter, or matter otherwise contrary to law or in violation of the rights of any third parties.
The Service is controlled, operated and administered by BRN from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BRN Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BRN, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of any claim, demand, suit, settlement, or recovery arising, without limitation, from your use of or inability to use the Site or services; any User postings made by you; your violation of any terms of this Agreement; your violation of any rights of a third party; your violation of any applicable laws, rules or regulations; any breach of any representation or warranty you make under this Agreement. BRN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BRN in asserting any available defenses.
BRN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Annandale, Virginia, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BRN as a result of this Agreement or use of the Site. BRN’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BRN’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BRN with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and BRN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and BRN with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Potential donors should be aware that a donation to BRN implicitly comes with a grant of authority thereto for BRN to use the donation at its sole discretion in furtherance of its tax-exempt purpose pursuant to the U.S. Code, Title 26, §§ 170(c)(2)(B) and 501(c)(3).
Changes to Terms
BRN reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. BRN encourages you to periodically review the Terms to stay informed of our updates.
BRN welcomes your questions or comments regarding these Terms: BRN Associates, Inc. 9051 Watson Rd., Ste. 279 St. Louis, Missouri 63126 Email Address: admin [at] brnassociates.com Telephone number: 855-289-9226
Effective as of May 8, 2013 and last revised on February 21, 2014.