Terms & Conditions

The Johnny O Foundation Terms & Conditions

Last Revised: August 1, 2012

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this "Agreement") is entered into by and between The Johnny O Foundation, an Arizona Non-Profit corporation ("The Johnny O Foundation") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of this website (this "Site") and the products and services (collectively, the "Services") found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies and/or agreements, which are incorporated herein by reference:

Privacy Policy

The terms "we", "us" or "our" shall refer to The Johnny O Foundation. The terms "you", "your" or "User" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

The Johnny O Foundation, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the top of this page.

2. ELIGIBILITY & AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" or "User" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, The Johnny O Foundation finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. The Johnny O Foundation shall not be liable for any loss or damage resulting from The Johnny O Foundation's reliance on any instruction, notice, document or communication reasonably believed by The Johnny O Foundation to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, The Johnny O Foundation reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an "Account"). You represent and warrant to The Johnny O Foundation that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If The Johnny O Foundation has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, The Johnny O Foundation reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, The Johnny O Foundation recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with The Johnny O Foundation. You must notify The Johnny O Foundation immediately of any breach of security or unauthorized use of your Account. The Johnny O Foundation will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss The Johnny O Foundation or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services found at this Site in a manner (as determined by The Johnny O Foundation in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding The Johnny O Foundation or The Johnny O Foundation's Services.
You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by The Johnny O Foundation.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access The Johnny O Foundation Content (as defined below) or User Content through any technology or means other than through this Site itself, or as The Johnny O Foundation may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. The Johnny O Foundation does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not use this Site or the Services found at this Site, including any of The Johnny O Foundation's related technologies, for any commercial use without The Johnny O Foundation's express prior written consent.

The Johnny O Foundation reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF The Johnny O Foundation CONTENT AND USER CONTENT

In addition to the general rules above, the following restrictions and conditions apply specifically to your use of The Johnny O Foundation Content and User Content.

The Johnny O Foundation Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("The Johnny O Foundation Content"), are owned by or licensed to The Johnny O Foundation in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. The Johnny O Foundation Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of The Johnny O Foundation. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. The Johnny O Foundation reserves all rights not expressly granted in and to the The Johnny O Foundation Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to The Johnny O Foundation that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any The Johnny O Foundation Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the The Johnny O Foundation Content or the User Content therein.

6. The Johnny O Foundation'S USE OF USER CONTENT

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate The Johnny O Foundation to treat your User Submissions as confidential or secret.
The Johnny O Foundation has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
The Johnny O Foundation may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

The Johnny O Foundation shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website hosted by The Johnny O Foundation or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize The Johnny O Foundation to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant The Johnny O Foundation a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and The Johnny O Foundation's (and The Johnny O Foundation's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that The Johnny O Foundation may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, The Johnny O Foundation shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or The Johnny O Foundation's (or The Johnny O Foundation's affiliates') business(es).

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

The Johnny O Foundation generally does not pre-screen User Content (whether posted to a website hosted by The Johnny O Foundation or posted to this Site). However, The Johnny O Foundation reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Johnny O Foundation may remove any item of User Content (whether posted to a website hosted by The Johnny O Foundation or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by The Johnny O Foundation in its sole and absolute discretion), at any time and without prior notice. The Johnny O Foundation may also terminate a User's access to this Site or the Services found at this Site if The Johnny O Foundation has reason to believe the User is a repeat offender. If The Johnny O Foundation terminates your access to this Site or the Services found at this Site, The Johnny O Foundation may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

The Johnny O Foundation expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by The Johnny O Foundation in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of The Johnny O Foundation, its officers, directors, employees and agents, as well as The Johnny O Foundation's affiliates.

The Johnny O Foundation expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM; LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by The Johnny O Foundation's Anti-Spam Policy referenced above and available here. You agree The Johnny O Foundation may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay The Johnny O Foundation liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

The Johnny O Foundation supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to The Johnny O Foundation's Trademark and/or Copyright Infringement Policy referenced above and available here.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by The Johnny O Foundation. The Johnny O Foundation assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, The Johnny O Foundation does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release The Johnny O Foundation from any and all liability arising from your use of any third-party website. Accordingly, The Johnny O Foundation encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". The Johnny O Foundation, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Johnny O Foundation, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND The Johnny O Foundation ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY The Johnny O Foundation, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL The Johnny O Foundation, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT The Johnny O Foundation IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL The Johnny O Foundation'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless The Johnny O Foundation and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by The Johnny O Foundation directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. FEES AND PAYMENTS

You agree to pay any fees due for Services purchased at this Site at the time you order the Services. All fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. The Johnny O Foundation expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made.

Payment may be made by you by providing a valid credit card or PayPal payment address ("Payment Method"). Confirmation of orders will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active products in your Account.

If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, The Johnny O Foundation will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with The Johnny O Foundation at The Johnny O Foundation's then current rates.

If for any reason The Johnny O Foundation is unable to charge your Payment Method for the full amount owed The Johnny O Foundation for the Services provided, or if The Johnny O Foundation is charged a penalty for any fee it previously charged to your Payment Method, you agree that The Johnny O Foundation may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason The Johnny O Foundation is unable to charge your credit card with the full amount of the Services provided, or if The Johnny O Foundation is charged back for any fee it previously charged to the credit card you provided, you agree that The Johnny O Foundation may pursue all available remedies in order to obtain payment. You agree that the remedies The Johnny O Foundation may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. The Johnny O Foundation reserves the right to charge you a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third-party payment providers, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change your Payment Method at any time by contacting us.

You acknowledge and agree that you are solely liable for arranging that your Services are renewed, and that The Johnny O Foundation shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Services.

While all transactions are processed in U.S. dollars, The Johnny O Foundation may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between the actual purchase and the payment settlement, the actual price charged may fluctuate. The Johnny O Foundation makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

(A) PAY BY CREDIT CARD

By using The Johnny O Foundation's pay by Credit Card payment option ("Credit Card"), you can purchase The Johnny O Foundation Services using either a Visa, MasterCard, Discover Card or American Express Card. In connection therewith, you agree to allow The Johnny O Foundation to keep a valid credit card on file and to charge the full amount of your purchase to your credit card account.

It is your responsibility to keep your Credit Card Account information current with The Johnny O Foundation. You agree that The Johnny O Foundation will not be responsible for payments that fail to go through as a result of your Credit Card Account no longer existing or having a balance over your credit card limit. If for any reason The Johnny O Foundation is unable to charge the full amount owed for your purchase, you agree that The Johnny O Foundation may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $35.00 or the maximum amount allowed by law, which may be charged to your credit card on file with The Johnny O Foundation.

By clicking the box labeled "I agree" to the terms of the Credit Card payment option, you authorize a charge of the full amount of your purchase to your Credit Card Account.

(B) PAY BY PAYPAL

By using The Johnny O Foundation's pay by PayPal payment option ("PayPal"), you can purchase The Johnny O Foundation Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or from the credit card(s), debit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account ("PayPal Funding Source").

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You agree that PayPal and The Johnny O Foundation will not be responsible for payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and The Johnny O Foundation may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled "I agree" to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

16. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control ("OFAC"), State Department, and other United States authorities (collectively, "U.S. Export Laws"). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including "anti-boycott", "deemed export" and "deemed re-export" regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

19. COMPLIANCE WITH LOCAL LAWS

The Johnny O Foundation makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

20. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Virginia, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Powhatan County, Virginia, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Powhatan County, Virginia. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

22. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

The Johnny O Foundation Legal Department
PO Box 15211
Scottsdale, AZ 85267, USA