PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

This site is operated by Friends of Josh Hawkins (together with any affiliates, “we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by Friends of Josh Hawkins and other websites, mobile sites, and other online services which link to these Terms and are operated by Friends of Josh Hawkins (the “Sites”).

We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

All questions or comments about the Sites or site content should be directed to [email protected].

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials intended by us for your use for your informational, non-commercial and personal use only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Friends of Josh Hawkins, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

1. Third-Party Sites, Functionality and Content

The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third Party Products and Services may include, for example, event and volunteer registration and management, donation and payment functionality, and other features, functionalities, and services powered by third parties. Friends of Josh Hawkins does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third Party Content or Third Party Products and Services, and we make no representation or warranties of any kind regarding them. These Third Party Products and Services and Third Party Content are not under the control of Friends of Josh Hawkins, and we are not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.

2. Consent to Use of Data and Mobile Communication; SMS Program Terms

You consent to our communicating with you about the Site and the campaign by SMS, text message, email and other electronic means.  Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

If you subscribe to any text programs that the Campaign makes available, the following terms apply:

By subscribing to campaign updates or alerts, you consent to receive periodic updates or alerts by automatic text message.  Text STOP to stop.  For Help, text HELP or contact us at [email protected]. Message and data rates may apply.  Neither the campaign nor the participating carriers guarantee that messages will be delivered.  The campaign may discontinue the program at any time without notice.

3. Electronic Communications and Privacy Policy.

You consent to our communicating with you about the Sites and Friends of Josh Hawkins via email, text message, or other electronic means. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You agree that you will not provide any other person’s personal information to us unless you have the rights to do so under applicable law and have shared our Privacy Policy with the applicable person.

4. Prohibited Conduct.

You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:

  1. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  2. Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  3. Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding other users of the Sites without the applicable user’s prior express consent;
  4. Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  5. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files;
  6. Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
  7. Distribute any unauthorized materials or advertise or promote goods, services, or political campaigns without our express written permission (including, without limitation, by sending spam);
  8. Sublicense any of your rights under these Terms;
  9. Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
  10. Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other person or entity to any liability, damages, or detriment of any type; or
  11. Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms or any additional guidelines, policies or rules posted on the Site or otherwise provided to you.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Sites for any or no reason at any time without notice.

5. Submissions.

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or Friends of Josh Hawkins that are provided by you in the form of email or other submissions to Friends of Josh Hawkins, or any such postings on the Sites, are non-confidential and shall become the sole property of Friends of Josh Hawkins. Friends of Josh Hawkins shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to Friends of Josh Hawkins.

6. Indemnification. 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FRIENDS OF JOSH HAWKINS, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR THREATENED SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION RELATING TO THE SITES OR THE USER CONTENT.

7. Disclaimers. 

YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FRIENDS OF JOSH HAWKINS, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRIENDS OF JOSH HAWKINS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. FRIENDS OF JOSH HAWKINS DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.

FRIENDS OF JOSH HAWKINS IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE FRIENDS OF JOSH HAWKINS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, FRIENDS OF JOSH HAWKINS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. FRIENDS OF JOSH HAWKINS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT. Friends of Josh Hawkins reserves the right to change any and all content contained in the Sites and any services offered through the Sites at any time without notice.

8. Limitation of Liability. 

IN NO EVENT SHALL FRIENDS OF JOSH HAWKINS, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FRIENDS OF JOSH HAWKINS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FRIENDS OF JOSH HAWKINS’s RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRIENDS OF JOSH HAWKINS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.

9. Applicable Law and Venue.

These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Mississippi applicable to agreements made and to be entirely performed within the State of Mississippi, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Mississippi, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

10. Termination.

Notwithstanding any of these Terms, Friends of Josh Hawkins reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites.

11. Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.