Terms & Conditions
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 Todd Wilkinson (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 Todd Wilkinson and other websites, mobile sites, and online services which link to these Terms (collectively, the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting on the Sites, and you waive any right to receive specific notice of such changes. Your continued use of the Sites following any updates confirms your acceptance of the revised Terms.
All questions or comments about the Sites or site content should be directed to:
todd@toddwilkinsonsd.com
Limited License
You are granted a limited, non-sublicensable license to access and use the Sites and the materials provided (“Site Materials”) for informational, non-commercial, and personal use only. This license does not include:
Any resale or commercial use of the Sites or Site Materials;
Reproduction, distribution, public display, or public performance of Site Materials, except as expressly permitted;
Modifying or creating derivative works from Site Materials;
Use of data mining, robots, or similar data gathering methods;
Downloading or copying of Site content for purposes other than page caching; or
Any use of the Sites other than for their intended purpose.
Any unauthorized use of the Sites or Site Materials terminates the license granted herein and may violate applicable laws. This license is revocable at any time.
1. Third-Party Sites, Functionality, and Content
The Sites may display or link to third-party content, advertisements, promotions, or external websites (“Third-Party Content” or “Third-Party Services”). These may include event registration, donations, or volunteer management features provided by third parties.
Friends of Todd Wilkinson does not endorse, adopt, or assume responsibility for any Third-Party Content or Services, and makes no warranties regarding them. Your dealings with such third parties are solely between you and them. Please review their applicable terms and privacy policies before engaging.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and campaign by SMS, text message, email, and other electronic means. Your carrier’s messaging, data, and other rates may apply.
If you subscribe to any text programs made available by Friends of Todd Wilkinson, the following terms apply:
By subscribing, you consent to receive periodic updates or alerts via automated text message.
Text STOP to stop. For help, text HELP or email todd@toddwilkinsonsd.com.
Message and data rates may apply.
Neither the campaign nor participating carriers guarantee message delivery.
We may discontinue the program at any time without notice.
We will not share or sell your personal information, including your phone number, to third parties except as required by law. For more details, see our Privacy Policy.
3. Electronic Communications and Privacy Policy
You consent to receiving communications about Friends of Todd Wilkinson via email, text message, or other electronic means. Please refer to our Privacy Policy for details on how we collect, use, and disclose personal information.
You agree not to provide another person’s personal information unless you are authorized to do so and have shared our Privacy Policy with that individual.
4. Prohibited Conduct
You agree not to use the Sites in any manner that could harm us or others, interfere with site operations, or violate any law. For example, you may not:
Impersonate another person or entity;
Use automated scripts or tools to scrape or collect information;
Access, copy, or gather data on other users without their consent;
Impose an unreasonable load on our network;
Attempt to hack, probe, or disrupt the Sites;
Reverse-engineer or modify any software on the Sites;
Distribute unauthorized materials or spam;
Harass or interfere with other users; or
Use the Sites for unlawful purposes or to promote illegal activity.
We may suspend or terminate access for violations and will cooperate with law enforcement where appropriate.
5. Submissions
Any feedback, questions, comments, suggestions, or ideas you provide to Friends of Todd Wilkinson (via email or on the Sites) are non-confidential and become our sole property.
Friends of Todd Wilkinson owns all rights, including intellectual property rights, to such materials and may use them for any purpose without acknowledgment or compensation.
6. Indemnification
You agree to defend, indemnify, and hold harmless Friends of Todd Wilkinson, its contractors, service providers, consultants, volunteers, and their affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Sites or violation of these Terms.
7. Disclaimers
YOUR USE OF THE SITES IS AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, THE SITES AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
FRIENDS OF TODD WILKINSON DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not guarantee that the Sites will be error-free, secure, uninterrupted, or free of harmful components. You should use industry-standard software to detect and remove viruses or other harmful materials.
Friends of Todd Wilkinson is not responsible for any errors, omissions, or third-party content accessible through the Sites.
8. Limitation of Liability
IN NO EVENT SHALL FRIENDS OF TODD WILKINSON OR ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SITES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO ACCESS THE SITES.
9. Applicable Law and Venue
These Terms are governed by the laws of the State of South Dakota, without regard to conflict-of-law principles.
Any legal action arising from these Terms shall be filed only in the state or federal courts located in South Dakota. You consent to the exclusive jurisdiction of those courts.
10. Termination
Friends of Todd Wilkinson may, at any time and without notice, terminate or suspend your access to the Sites for any reason, including violation of these Terms.
11. Miscellaneous
These Terms constitute the entire agreement between you and Friends of Todd Wilkinson. If any provision is found unlawful or unenforceable, the remaining provisions shall remain in effect.
Our failure to enforce any part of these Terms does not waive our right to enforce them later.
Nothing in these Terms creates a partnership, employment, or agency relationship between you and us.
Contact Information:
Friends of Todd Wilkinson
Email: todd@toddwilkinsonsd.com