Effective Date: February 1, 2023
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. Agreement
This website, www.Mission503.org ("Website," including all subdomains), is a copyrighted work belonging to and made available by Mission503SM, Inc. (hereinafter “Mission503,” "we," "us," and "our"). These Terms and Conditions of Use (hereinafter "Terms") govern your access to and use of the information and services available on and through this Website, including, but not limited to written content, visual displays, primary research, photography, and interactive voluntary features (collectively, hereinafter "Services"). Specific features of the Website may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (hereinafter "you" and "your," including any entity you represent) and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU (“USER”) AND MISSION503, INC. BY ACCESSING AND USING THIS WEBSITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU FURTHER WARRANT THAT YOUR PURPOSE FOR ACCESSING AND USING THIS WEBSITE AND SERVICES CONFORM TO THE INTENDED AND ACCEPTABLE USE. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
UNLESS YOU AND MISSION503 (HEREINAFTER “PARTIES”) AGREE OTHERWISE, BOTH PARTIES AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERY YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, THESE TERMS, OR BREACH OF THESE TERMS, IF NOT RESOLVED PRIOR TO OR AFTER RECORDING, WILL BE RESOLVED BY THE PARTIES FIRST PROCEEDING IN GOOD FAITH TO SUBMIT THE MATTER TO MEDIATION, ACCORDING TO THESE TERMS, PRIOR TO LITIGATION.
You must be at least 18 [eighteen] years of age to use this Website. By using this Website, you warrant that you are a natural person 18 [eighteen] years of age or older. You further warrant that any and all information you voluntarily provide to Mission503 through the Services on our Website is factual and true.
2. License to Use Website
This Website, Mission503.org, belongs to Mission503, Inc., an Oklahoma not-for profit corporation and federally recognized 501(c)(4) social welfare organization. The Website's purpose is to convey the message, advance the mission, and support the actions of Mission503. Subject to these Terms, Mission503 grants you a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Website. You must use this license only in the manner permitted by these Terms.
3. Acceptable Use Policy
By using our Website, you agree to access and use the Services provided by Mission503 in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. Mission503 is based in Oklahoma, United States. This Website is intended for use by persons within the United States. It may be illegal for certain persons to use the Website in some countries. We make no claim that the Website will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Website and only for your own personal, non-commercial use, which conform to these Terms. You further agree and acknowledge that your use of this Website and the Services results in you voluntarily sending electronic interstate transmissions through our computer network, our hosting provider’s network, and through the networks of third parties as you voluntarily choose, and such transmissions may include, but are not limited to personal information submissions; donor information; volunteered, non-specific, health information; e-commerce transactions; posts; or emails.
The following uses of our Website and Services are prohibited unless we have provided you express written permission to the contrary:
4. International Use and Compliance
Although the Website and Services of Mission503, at present, are created only for the United States of America, we acknowledge there is international application for the Website and potential international interest in our Services. Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Website and Services complies with all local, international, and other laws that may apply.
5. Minors
We do not knowingly collect personal information or data from visitors under 18 [eighteen] years of age. You may not use this Website if you are under the age of 18 [eighteen]. We recognize the particular importance of protecting privacy where children are involved. We are committed to protecting children's privacy on the Internet and we comply fully with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personally identifiable information from children under the age of 18. If a child has provided our website with personally identifiable information, we ask that a parent or guardian call Mission503, Inc., or contact us at Connect@Mission503.org and we will delete the information about the child from our files. If Mission503, Inc., discovers that a child who is under the age of 18 has provided personally identifiable information, then Mission503, Inc., will use reasonable efforts to delete this information.
6. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Website and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Website visitors, or a third party. Such action may include, but is not limited to, initiating proceedings to recover any losses, and reporting you to law enforcement authorities.
7. Third-Party Service Providers
Within Mission503 Services located on and through this Website are features including but not limited to portals for victims’ registrations and testimonials (“Victims Portals”), making donations, signing a petition, and purchasing Mission503 merchandise. These features are interactive voluntary mechanisms (collectively, “Voluntary Mechanisms”) enabled by third-party providers and can be accessed through links on the Website (collectively, "Third-Party Service Providers").
When you engage these features on our Website, enabled by Third-Party Service Providers, the links will remove you from our Website and place you onto their websites at which point the Third-Party Service Providers’ Terms of Use, Privacy Policies, and security protocols will apply. Additional Terms and Conditions for Victims’ Portals are displayed on the Website and within those portals. You will find a link to the Privacy Policy of each Third-Party Service provider on our Privacy Policy. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Service Providers, and you acknowledge that you assume all risks that arise from such use.
8. Third-Party Resources
The Website contains links to third-party websites, resources, and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources, unique and separate from our Third-Party Service Providers, are not under our control and we are not responsible for the content, products, services, Terms of Use or Privacy Policies they provide. We do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. Any, and all, information Third-Party Resources provide are independent of Mission503, Inc. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
9. Modification of Website
We reserve the right to modify, add to, suspend, or terminate all or part of the Website or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors' use of Services. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Website are subject to these Terms.
10. Support or Maintenance
Although we may choose to provide user support or Website maintenance, you acknowledge and agree that we are under no obligation to do so.
11. Qualified Access for Victims
Our National Register of 503 VictimsSM portal and our 503 Victims’ Stories portal (hereinafter “Victims Portals”), although not restricted, are designated for users who, by their own determination or the determination of a designated representative, qualify as victims of biosolids’ exposure. You agree to not access or utilize these Victims Portals if you do not deem yourself, or anyone you represent, a victim of biosolids exposure.
12. Privacy
The collection, use, sharing, and security of your voluntarily submitted personal information is handled according to our Privacy Policy, incorporated herein by reference. By voluntarily using the Services of this Website, you consent to the collection and use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Website or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and appropriately disclose the information you voluntarily submit to us through our Third-Party Service Providers, or otherwise volunteered information, as defined in our Privacy Policy, and additionally if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to your request for information, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Mission503, Inc., its representatives, users, and the public, (iv) responding to legal claims and processes served on our Website or organization, or (v) enforcing our Terms of Use, including investigating potential violations.
13. Mission503, Inc. Rights and Ownership
Unless otherwise stated, Mission503, Inc. and its permitted licensors, contributors, and Third-Party Service Providers, accordingly, own all of their respective intellectual property rights on the Website and its contents. These rights include, but are not limited to, ownership of all text, graphics, images, logos, slogans, copyrighted material, trademarks, software, video, and other distinctive brand features displayed on the Website or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Website give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Website or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Website or Services without our express prior written consent or the consent of any third-party owners of the content. Website content is not for resale under any circumstances.
14. Copyright Policy
Mission503’s original content on our Website and throughout our Services including but not limited to written content, visual displays, primary research, photography, and interactive Voluntary Mechanisms are protected by United States copyright law. All copyrights not the property of Mission503 that are provided on or through the Website or Services are the property of their respective owners. Nothing in our Website, Services or other communications can be construed as granting license or other rights to any protected property of Mission503 or any third party.
Mission503 expects our Website users to respect the intellectual property rights of others when using the Website and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
Mission503 respects others’ intellectual property rights and reserves the right to delete or disable content alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Mission503, Inc.
Attn: Copyright Agent
P.O. Box 300092
Oklahoma City, OK 73140
Phone: (405) 985-6311
Email: Connect@Mission503.org; Subject: Attn: Copyright Agent
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.
15. Reprint Permission and Attribution of Mission503 Materials
All content appearing on Mission503 Website, including, but not limited to written content, linkable content, visual displays and slideshows, images, photos, video, logos, and press releases is the property of Mission503 or licensed to Mission503 unless clearly authored by or attributed to a Third-Party Resource or Third-Party Service Provider.
Personal Use. Except as may be otherwise expressly permitted by these Terms, you may download and print a single copy of the Website’s visible content for your own personal, non-commercial use, provided you do not modify or delete any copyright, trademark, attribution, or proprietary notices. Additional copies may not be reproduced without prior written permission. It is your responsibility to follow the reprint policy of each Third-Party Resource provided through links located in the Website’s “Resources” section, as well as in other locations.
Limited Additional Uses. Additionally, if you are an educator, student, or researcher, you may download, copy, and use the Website’s contents and Mission503’s names, logos, and trademarks that appear on the Website (collectively, “Mission503’s Marks”) solely for purposes of including those items in research projects, academic materials or presentations, as applicable, created or prepared by you for purposes of your work or studies as an educator, student, or researcher, provided that you: 1) do not remove any copyright, trademark, attribution, proprietary, or other notices in or on those items; 2) that you attribute the Website contents and Mission503’s Marks as described below; 3) that you use those contents and Mission503’s Marks in compliance with applicable laws and regulations; and 4) YOU UNDERSTAND AND AGREE THAT YOU WILL NOT USE MISSION503’S MARKS ON OR WITH ANY GOODS OR SERVICES, OR ON PRO-BIOSOLIDS MATERIALS OR MESSAGING. YOU FURTHER AGREE NOT TO ALTER OR MODIFY MISSION503’S MARKS IN ANY WAY, FOR EXAMPLE, BY CHANGING THE COLORS OR DIMENSIONS OF ANY MISSION503, INC., LOGO.
Reprints for Media: Find our Media Kit on the Website ABOUT page for materials made available for media/journalism use, including press releases, logos, and photography/video. Usage allowances designated above are not granted for media/journalism or publication uses.
For Additional Reprints or Uses Not Aforementioned. Should you desire to print more than a single copy of the Website or use any part of our Website content, including, but not limited to written content, linkable content, visual displays and slideshows, images, photos, video, or press releases in a manner not outlined herein, please request permission to reproduce our materials as follows: please send an email to Connect@Mission503.org, subject: Reprint Request; and include the following information in your email:
Name, organization, physical address, mailing address if different from physical, phone, material requested for reprint (and number of prints), and intended use of the material, identify if you are a nonprofit or not.
Mission503 will review requests on an individual case basis and reserves the right to deny permission for any reason, at its sole discretion. Responses can be expected within 30 days of receipt.
You understand and agree that the rights granted herein are fully revocable by Mission503, with or without notice. If Mission503 revokes your rights, or terminates these Terms, your rights with respect to the Website’s contents and Mission503 Marks are immediately terminated. In such case, you will immediately cease all copying, distribution, and other use of the Website contents and Mission503’s Marks, you will promptly remove the Website contents and Mission503’s Marks from any materials in your possession or control, and you will promptly confirm to Mission503 in writing that you have done all of the foregoing.
Attribution. While adhering to permissions outlined above, apply the following attribution to all non-third party, reprinted Mission503 materials that are visible or linkable on the Website: “Copyright © 2022 Mission503, Inc. www.Mission503.org. All Rights Reserved. / Accessed on: Month Day, Year”
Direct Links. Advance permission is not required for posting, sharing, or distributing direct links to content appearing on Mission503.org Website.
16. Use of Mission503, Inc. Trademarks
Please be advised, except as described in Reproducing Mission503 Materials, that you may not use Missions503 Inc.’s trademarks, trade names, logos, slogans in anyway without first obtaining permission.
Through this Website, Services, and a Third-Party Service Provider, Mission503, Inc. offers apparel purchases that bear prominent trademarks of Mission503, Inc. including but not limited to the name, logo, slogan, and Website domain for Mission503, Inc. as a means of raising public awareness and conducting fundraising. Buying and wearing the apparel assigns no official affiliation with or rights or ownership in Mission503, Inc. to the any individual wearing Mission503, Inc. apparel. Mission503, Inc. is not responsible for, nor do we endorse, the actions or opinions of users while they are wearing Mission503, Inc. apparel. The actions and opinions expressed by those who wear Mission503, Inc.’s apparel are their own and do not necessarily reflect the beliefs or mission of Mission503, Inc.
17. Advertisements
Mission503 Inc. does not allow advertising on our Website. Third-Party Service Providers or Third-Party Resources accessed through links on our Website may contain advertisers, some of which may be targeted advertising based on the type of information submitted, queries made, or other information, whether submitted by you or others. Mission503, Inc. does not control advertising protocol on any third-party site.
18. Accuracy of Information
Mission503, Inc. has worked to ensure the accuracy of the information provided on our Website and through our Services. Independent, primary scientific research conducted by the founder of Mission503, Inc., utilized certified commercial laboratories and accredited research laboratories holding proper certifications and/or expertise, as well as expert resources where specialized analyses were warranted. Please be advised that scientific, quantitative, and qualitative research and analyses rely on data obtained from many sources, and accordingly, Mission503, Inc., cannot independently guarantee the information provided or any analysis based thereon, but confidently relies upon professional, credentialed, certified resources and their utilization of standardized methods, procedures, and protocols. Moreover, in light of frequently changing municipal policies and practices; evolving regulatory conditions; changes to scientific methods and services; as well as many other dynamic factors; some information may no longer be current. The research and information presented through our Website and other communications may not represent the totality of research and information available to Mission503, Inc. Mission503, Inc. reserves the right to select the research and information presented for public view. Research and information initiated by or accessible to Mission503, Inc. but withheld from public view, does not change material facts of the information that is presented on or through this Website.
19. Assumption of the Risk
By accessing Mission503, Inc.’s Website and Services, you acknowledge that any reliance upon any research, opinion, statement, recommendation, or other information displayed or distributed through Mission503, Inc.’s Website and Services is at your sole risk, and you further acknowledge that any participation with any of our Services is voluntary. Mission503, Inc. reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of Mission503, Inc.’s Website or Services.
20. Not Tax Deductible
Mission503, Inc. has prominently and clearly posted on the Website and through Third-Party Service Providers that Mission503, Inc. is a 501(c)(4), not-for profit corporation, therefore donations are not tax deductible. By donating to Mission503, Inc., you understand that donations to Mission503, Inc. are not tax deductible.
21. Sales, Refunds, and Cancellation Policies
Any, and all, monetary transaction services conducted through the Website, including donations and apparel purchases, are provided by Third-Party Service Providers, as such, transaction policies, including but not limited to cancelations, refunds and returns will be determined by Third-Party Service Providers. It is your responsibility to read and understand their policies before utilizing the Service.
22. Disclaimers
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE WEBSITE. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, VENDORS, VOLUNTEERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE WEBSITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE WEBSITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS WEBSITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISSION503, INC., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, VENDORS, VOLUNTEERS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) OTHER MATTERS RELATED TO THE WEBSITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, VENDORS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, VOLUNTEERS, VENDORS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Indemnity
You agree to indemnify, defend, and hold harmless to the fullest extent permitted by law, Mission503, Inc., and its officers, directors, employees, contractors, agents, affiliates, partners, suppliers, vendors, volunteers, and licensors, from and against any and all losses, liability, damages, costs and expenses (including reasonable attorney's and consultant’s fees and disbursements, investigation and litigation costs, judgment, interest and penalties) incurred by Mission503, Inc. from any claim or disputes by a third party (including governmental agencies and authorities) arising out of, based upon, or resulting from your use of the Website or Services; violation of these Terms; violation of applicable law; or your posting, modifying, or otherwise transmitting content through the Website or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
25. Release
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Website or Services, you hereby release and forever discharge us, including our officers, employees, contractors, agents, affiliates, partners, suppliers, vendors, volunteers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future.
26. Termination
We may suspend or terminate your access to the Website at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
27. Modification of These Terms
Mission503, Inc. may modify or update these Terms, or our Privacy Policy, from time to time at our sole discretion. All updates will be effective at the time and date they are posted to the Website. We will indicate at the top of these Terms the date upon which the changes were made. You agree to frequently review these Terms and our Privacy Policy in order to notify yourself of any changes. If we determine, in our discretion, changes are significant, we will provide a more detailed notice on our Website and may also notify individuals in our database, for which we have an email address, of the changes via email. By accessing or using the Website after changes are posted, you agree to those changes.
28. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Website and Services.
29. Dispute Resolution
Unless you and Mission503, Inc. (“Parties”) agree otherwise, both Parties agree that any dispute, claim, or controversy you may have arising out of or relating to the Website, Services, these Terms, or breach of these Terms, if not resolved first by negotiation will be resolved by the Parties second proceeding in good faith to submit the matter to non-binding mediation before an independent, professional, mutually agreed-upon mediator prior to resorting to litigation or some other dispute-resolution procedure within the state of Oklahoma. Each Party shall bear one-half (1/2) of the mediator’s fees and expenses. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. Unless otherwise agreed in mediation, the Parties retain their rights to proceed to litigation or other dispute-resolution procedure. This provision will survive the termination of this agreement.
Mission503, Inc., and you agree that the Parties may seek injunctive or other appropriate relief in state or federal court in Oklahoma should you violate or threaten to violate the intellectual property rights of Mission503, Inc., or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
30. General Terms
31. Electronic Communications
Electronic communications occur whenever you use the Website or Services, you send us emails, we send you emails, and we post notices on the Website. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
32. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Website or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we choose. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
33. Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, we welcome you to contact us as follows:
Mission503, Inc.
Email: Connect@Mission503.org
Phone: (405) 985-6311
Postal Address: P.O. Box 300092, Oklahoma City, OK 73140
