TERMS OF USE

1. Introduction

The Ian Somerhalder Foundation operates a website, www.isfoundation.com (the “Website”) and several web pages on other web sites (e.g., Facebook and Twitter) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by Ian Somerhalder Foundation (“ISF”), a California 501(c)(3) corporation, which is located at 10990 Wilshire Boulevard, 8th Floor, Los Angeles, California 90024. If you have any questions regarding the Sites, they can be sent to the attention of the ISF Web Administrator via email to info@ISFoundation.net.

Through the Sites, you may, among other things, learn more about ISF and about issues surrounding empowering, educating and collaborating with people and undertaking charitable and educational projects that have a positive impact upon our planet and all of its creatures, donate to ISF or otherwise get involved with ISF through registering, fundraising and participating in events, including registering your event or project, user fundraising pages and social media interactions. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF THIRTEEN IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS OF USE ON YOUR BEHALF. YOU INTEND TO BE, AND AGREE TO BE, LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE BY CLICKING THE BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THE SITES, THE SERVICES (AS DEFINED BELOW) OR PARTICIPATION IN ANY EVENT (AS DEFINED BELOW) OR PROJECT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITES OR THE SERVICES OR TO PARTICIPATE IN ANY EVENT. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

These terms of use are a contract between you and ISF and apply to all users of the Sites (the “Terms of Use” or “Terms”). In these Terms of Use “you”, “User” or “your” means any person or entity using the Sites, provided that if such person is under the age of thirteen, “you” and “your” also includes such person's parent or legal guardian. Unless otherwise stated, “ISF”, “we” or “our” refers to Ian Somerhalder Foundation, a California 501(c)(3) corporation, and its successors and assigns.

2. Amendments

We may amend or supplement these Terms of Use at any time. Please check these Terms of Use periodically. When we make changes to these Terms of Use, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Terms, you may not continue to access or use the Sites. Your continued use of the Sites following the posting of changes to these Terms of Use shall be deemed to be your acceptance of the revised version of the Terms.

3. Privacy Policy

Our Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into these Terms of Use by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Sites or utilize any Services. Any other posted guidelines or rules applicable to any individual use of the Sites, the Services or any particular Event will form part of these Terms.

4. Links to Other Websites

While ISF may provide links to the Sites and to other websites of unaffiliated third parties, these sites are not part of the Sites, and each has a different user agreement or terms of use. In addition, to the extent such linked websites are not owned or operated by affiliates of ISF, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our affiliated websites or any third party websites to whom we provide links. ISF is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by ISF of the website or content linked to. ISF ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS, INCLUDING WITH RESPECT TO YOUR PARTICIPATION IN EVENTS ORGANIZED, ADMINISTERED OR OPERATED BY THIRD PARTIES ASSOCIATED WITH SUCH THIRD-PARTY WEBSITES LINKED TO OUR SITES. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third-party websites. Furthermore, the trademarks used in connection with such third-party websites are not trademarks of ISF.

5. Ownership of Intellectual Property and Restrictions on Use of ISF Materials

All products, services, content, information displayed, performed or otherwise accessible through the Sites, including, without limitation, Shop items, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “ISF Materials”) are the property of ISF, its partners, affiliates, third party licensors and suppliers and/or any of the successors and assigns of the foregoing (collectively, the “ISF Group”), and are protected, without limitation, by United States and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of these Terms of Use, the use of any ISF Materials on any other website or networked computer environment is prohibited.

These Terms of Use grant to you a limited license to access and use the Sites for your personal, non-commercial use, provided that this license is limited to the display of the ISF Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the ISF Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. Except as expressly provided above, you agree that no portion of the Sites may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the ISF Materials in a manner that suggests an association with any of our products. You may not make any modifications to any ISF Materials other than as expressly permitted by us. This limited license is non-assignable and non-transferable.

ISF Materials made available for download or use through the Sites (the “Downloadable Items”) may be governed by additional terms of use which may be included with the Downloadable Items. Please carefully read any additional terms of use to determine the full extent of conditions governing the use of such Downloadable Items. Without limiting the foregoing, copying or reproduction of the Downloadable Items to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction is expressly permitted by the license agreement applicable to such Downloadable Items. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms of Use and any additional terms related to such application.

Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the ISF Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of ISF or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of ISF or its licensors.

ISF has the right to vary, modify, change or discontinue (i) any feature or function offered on the Sites; (ii) any part of or all of the Sites, including hours of availability and the Services provided; and (iii) to restrict access to parts of or all of the Sites from time to time with or without notice to you. ISF may make available and upgrade the Sites on the same terms and conditions as these Terms of Use and any such upgrades will form part of the Sites.

6. ISF Community Crews

ISF Community Crews are independent, self-driven and are formed on their own initiative for the purpose of conducting charitable fundraising, education, and community oriented projects and events in support of ISF’s charitable mission. ISF Community Crews are required to (i) register with and be accepted by ISF, (ii) coordinate their efforts in furtherance of ISF’s charitable mission and, (iii) comply with the letter and spirit of all ISF policies, agreements and procedures contained in the ISF Community Crew Registration Packet and the Sites. In exchange, registered ISF Community Crews are granted a limited license by ISF to use specific ISF Materials for the purpose of identifying their support for ISF and to promote public awareness of ISF and its mission.

7. User Content

Certain areas of the Sites may permit you to send to ISF materials, information and other submissions. ISF values your feedback on the Sites, and to help us better understand your remarks, ISF requests that you be as specific as possible in your comments on the Sites. Upon submission, all content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to ISF or otherwise posted on the Sites shall be deemed to be, and shall remain, licensed to ISF. You hereby grant (or warrant that the owner of such rights has expressly granted) to ISF, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any additional compensation to you. Except as set forth in the Privacy Policy, none of the User Content shall be subject to any obligation of confidence on the part of ISF, and ISF shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, ISF may, but is not obligated to, use and publish the User Content at the Sites or elsewhere for purposes that include, without limitation, new or enhanced products or services, marketing and public relations.

You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by ISF or its affiliates of any User Content.

You are responsible for all User Content posted by you. ISF HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. ISF does not and cannot review every submission by Users and is not responsible for, nor does it endorse the content of such submissions. However, ISF retains the right, but not the obligation, to review, edit or delete any User Content which ISF deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

8. Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see ISF’s DMCA Notice Policy.

9. User Code of Conduct

The Sites are provided by ISF and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:

• Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;

• Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using the Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds for goods or services; or (viii) are treated as confidential under any contract or policy.

• Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;

• Impersonate any other person or entity, falsely state such User’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;

• Attempt to circumvent the security systems of the Sites;

• Attempt to gain access to any other User's accounts or to ISF’s computer systems (Users should recognize that not all areas of the Sites may be available to you);

• Attempt to harvest or otherwise collect information about other Users without their consent;

• Attempt to use the Sites for any purposes other than those intended by ISF; or

• Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

ISF cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.

10. User Interactions and Disputes

You are solely responsible for your interaction with other Users of the Sites, whether online or offline. ISF is not responsible or liable for the conduct of any User. ISF reserves the right, but has no obligation, to monitor or become involved in disputes between Users. Exercise common sense and your best judgment in your interactions with other Users when you submit or post any personal or other information, and in all other online activities. Please read ISF’s Online Community Code of Conduct, which is incorporated herein by reference.

11. Use of Services

While accessing and using the Sites, from time to time ISF may provide you with certain services (“Services”), such as web page development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage, in certain cases in connection with fundraising events and activities in which you may engage. Such Services are provided subject to the Terms of Use.

ISF reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, User Content or email will be retained. ISF shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of ISF.

ISF reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that ISF shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.

12. Promotions

The Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

13. Mobile

The Sites may offer features and services that are available to you via your mobile phone, tablet, notebook or other mobile devices. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile device or access the Sites’ features (the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges may appear on your mobile bill or may be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact you carrier with questions regarding these issues.

You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, ISF may collect information related to the use of the Mobile Features. If you have registered for Mobile Features, you agree to notify ISF of any changes to your mobile device number and to update your account on the Sites to reflect these changes.

14. Your Obligations

In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping ISF fulfill its mission, which is to empower, educate and collaborate with people and undertake charitable and educational projects that have a positive impact on our planet and all of its creatures. Furthermore, you agree to use the Services in accordance with all of the Terms.

You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify ISF of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.

15. Termination of Services

You agree that ISF may, in its sole discretion, immediately terminate any associated email addresses or links without any prior notice. Causes for such termination may include, but not be limited to, (i) breaches or violations of these Terms of Use, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions) or written statement that you no longer wish to be bound by these Terms of Use, (iv) discontinuance or modification to the Services (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites, (viii) completion of the ISF Event or program in which you are participating, and/or (ix) any other reason reasonably considered by ISF to be in its best interest.

Termination of your ISF account may include, at ISF's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.

You also agree that ISF shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, ISF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to ISF with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.

16. Participation in Events Waiver

From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the “Events”) through the Sites, including but not limited to, holding events, participating in runs or races, outings, clean-ups and other activities to raise money and awareness of ISF and its mission. ISF appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.

17. Waiver, Indemnity and Release of Liability

You acknowledge, agree and understand that while participating in any Event or in training programs and other related activities, you may be using private or public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.

In consideration of the acceptance of the Services provided by ISF in connection with any such Event, you assume full and complete responsibility for any injury or accident which may occur during your participation in any Event, and you hereby release, indemnify and hold harmless ISF and its affiliates and all ISF employees and other persons and entities associated with this Event (all individually and collectively known as “Releasees”), from any and all claims, losses, injuries, and liabilities, or damages (collectively, “Damages”) that you have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, any such Event, WHETHER SUCH DAMAGES BE CAUSED BY YOU OR BY THE NEGLIGENCE, OF ANY DEGREE, OF ISF, ITS AFFILIATES OR EMPLOYEES OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH ANY SUCH EVENT. These Terms of Use may not be modified orally or in writing by any individual. Your participation in any Event is at your own risk.

You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the Releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.

You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by ISF and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.

On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the Releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.

By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.

18. Spam

The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.

19. Disclaimers

THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE ISF MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ISF GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE DOWNLOADABLE ITEMS, USER CONTENT, SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM ISF VIA THE SITES, FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES, ANY PRODUCTS OR SERVICES AVAILABLE OR REFERENCED THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

THE INFORMATION CONTAINED ON THE SITES IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ISF ENCOURAGES ALL INDIVIDUALS TO MAKE INFORMED DECISIONS ABOUT THEIR HEALTH, SAFETY AND WELL-BEING. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ISF. THE ISF GROUP DISCLAIMS ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING FROM ANY PERSON FOLLOWING THE INFORMATION PROVIDED WITHIN OR THROUGHOUT THE SITES WITH RESPECT TO ANY ACTION. THE ISF GROUP DOES NOT ENDORSE SPECIFIC PRODUCTS OR SERVICES, AND IMPLICATIONS AS SUCH ARE UNINTENTIONAL. ISF ATTEMPTS TO COLLECT AND PROVIDE INFORMATION THAT IS BASED ON SCIENTIFIC DATA, PRINCIPLES, THEORIES AND DIALOGUES. HOWEVER, THE ISF GROUP DOES NOT GUARANTEE THAT THE INFORMATION CONTAINED ON THE SITES OR PUBLISHED ELSEWHERE IS FREE FROM ALL ERRORS AND OMISSIONS. THE SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER ISF NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.

Use of the Sites is not intended to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. If any minor uses any goods or product it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. ISF does not give or intend to give any answers to medical related questions and the Sites do not replace any medical professional or medical resource. ISF does not represent itself as a physician nor is this implied. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

THE ISF GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVICES, THE ISF MATERIALS, OR ANY WEBSITE TO WHICH THE SITES ARE LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITES OR THE SERVICES AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE TO AN ISF REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, THE ISF GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE.

THE ISF GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE ISF MATERIALS (INCLUDING ANY INSTRUCTIONS) IN TERMS OF THEIR CORRECTNESS, ACCURACY, USEFULNESS, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY ISF MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE ISF MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT ISF ARE RESPONSIBLE FOR THOSE COSTS.

FINALLY, THE ISF GROUP DOES NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ISF GROUP SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.

20. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE ISF GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, THE DOWNLOADABLE ITEMS, USER CONTENT, ANY EVENT, SHOP ITEMS OR ANY OF THE ISF MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ISF GROUP OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY ISSUES, ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION, OR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OF MALFUNCTION, EVEN IF FORSEEABLE OR IF THE ISF GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE ISF GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ISF GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, SHOP ITEMS OR ANY OF THE ISF MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.

21. Waiver of Unknown Claims

BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

22. Indemnity

YOU HEREBY AGREE TO DEFEND (IF REQUESTED BY THE ISF GROUP), INDEMNIFY AND HOLD EACH MEMBER OF THE ISF GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, INVESTIGATION, DEMAND, DAMAGES, JUDGMENT, SETTLEMENT, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE ISF GROUP MAY INCUR, EITHER DIRECTLY OR INDIRECTLY, IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH OR ANTICIPATORY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SITES AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY SHOP ITEM; (IV) YOUR USE OF THE SERVICES; (V) YOUR PARTICIPATION IN ANY EVENT; (VI) ANY VIOLATION BY YOU OF ANY LAW, RULE, REGULATION, CODE, STATUTE, ORDINANCE OR ORDERS OF ANY GOVERNMENTAL AND QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING, WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITIES OR THE RIGHTS OF ANY THIRD PARTY; (VII) INFORMATION OR MATERIAL TRANSMITTED THROUGH YOUR COMPUTER OR OTHER DEVICE USED TO ACCESS THE SITES, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES, VIOLATES OR MISAPPROPRIATES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; (VIII) ANY MISREPRESENTATION MADE BY YOU; AND/OR, (IX) THE ISF GROUPS’ USE OF YOUR INFORMATION. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH ISF IN THE DEFENSE OF ANY CLAIM. NOTWITHSTANDING THE FOREGOING, THE ISF GROUP RETAINS THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE AND PAY ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, OR CAUSES OF ACTION WHICH ARE BROUGHT AGAINST THEM HEREIN UNDER THE TERMS AND PROVISIONS OF THIS SECTION. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

23. Jurisdictional Issues

This Website is controlled, operated, hosted and served by ISF in the United States and ISF makes no representations or warranties that the information, products or services contained on the sites are appropriate for use or access in other locations. If you choose to access and use the Sites from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the ISF Group to any registration requirement within such jurisdiction or country.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of these Terms of Use are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts of the State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use.

24. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Sites or the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within 45 days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Los Angeles, California, U.S.A. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

25. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND ISF ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ISF BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ISF BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

26. Note to Parents

Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site. It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online. Pursuant to 47 U.S.C. Section 230(d) as amended, ISF hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available here.

27. General Provisions

These Terms of Use and our Privacy Policy (or any previous Privacy Policy) contain the entire understanding between you and ISF in connection with your access and use of the Sites. If any provision of these Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of these Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of these Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from these Terms of Use. Your use of the Sites or the Services or your participation in any Event is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and ISF other than that of independent contractors.

These Terms of Use may not be assigned by you.

The failure of ISF to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit ISF’s rights with respect to such breach or any subsequent breaches. No waiver by ISF of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of ISF. Neither the course of conduct between the parties nor trade practice will act to modify these terms of Use. ISF may assign its rights and duties under these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without ISF’s prior written consent. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against ISF by virtue of having drafted them.

28. Current and Prior Versions of These Terms

The Terms were last revised and posted January 7, 2013, and effective on that date. Prior versions of these Terms include the following:

August 27, 2011

If you agreed to be bound by a prior version of these Terms, but do not agree to be bound by the current version of these Terms, then cease using the Sites and the Services. You will continue to be bound by the applicable version of these Terms that you agreed to. Otherwise, by continuing to use the Sites and the Services, you agree to be bound by the current version of these Terms instead of any prior version of these Terms.