Terms of service
Terms of Use
This website is owned and operated by the Southern California Black Deaf Advocates (referred to here as SCBDA, "we", "us", "our") organization, a non-profit corporation in California, USA. We may be reached via email to contact@socal-bda.org. We may update this Terms of Use and Privacy Policy Document at any time, and at our sole discretion, by updating this website. In this document, the term "website" collectively refers to websites associated with domains socal-bda.org and socal-bda.com, associated subdomains, and associated online services unless they have their own posted Terms of Use, Terms of Service, and/or Privacy Policy. Changes to this document are effective immediately upon updating this website. Please check this document periodically for changes. Your continued use of this website following the posting of changes to this document will mean that you accept those changes. If you disagree with any of the terms included in this document, please immediately discontinue use of this website.
SCBDA controls and operates this website from the United States. We make no representation that the content included in this website is appropriate or available for use in other locations. Access to this website from locations where its contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Our website may link to other websites and platforms, which you use at your own risk and under their terms of use and privacy policies.
Unless indicated otherwise within the website, all content on this website is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not use our content for any reason without our express written permission.
Your use of our website, its content and materials, and any services provided on or through our website is at your own risk and all are provided "as is" without warranties of any kind. SCBDA does not represent nor warrant that the website, materials, content, nor services are accurate, complete, reliable, current or error-free, nor that the website or its servers are free of viruses or other harmful components. You should use industry-standard software to detect and disinfect viruses from any download from our website. SCBDA is not responsible for typographical errors or omissions on our website. We do not imply endorsement of any product we refer to on our website. TO THE FULLEST EXTENT ALLOWED BY THE LAW, SCBDA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Any comments or materials sent to SCBDA via any medium including email, online forms, or physical mail is deemed to be non-confidential and shall become the sole property of SCBDA. Regarding such comments or materials that you send to SCBDA, you hereby assign all rights to us, and we will have no obligation of any kind with respect to such comments or materials.
Limitation of Liability
IN NO EVENT SHALL SCBDA, NOR ITS OFFICERS OR AFFILIATES, BE LIABILE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION 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 THE WEBSITE, AFFILIATED SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SCBDA, 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 SCBDA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCBDA, 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 THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SCBDA FOR ACCESS TO OR USE OF THE WEBSITE OR ITS ASSOCIATED SERVICES.
Indemnity
You agree to defend, indemnify and hold SCBDA, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and all respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of this Terms of Use and Privacy Policy Document, any user content you post, store or otherwise transmit on or through the website, or your use of or inability to use the website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the content, your conduct, or your violation of the rights of any third party.
Severability/Waiver
If any provision of this Terms of Use and Privacy Policy Document is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Terms of Use and Privacy Policy Document and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision in this Terms of Use and Privacy Policy Document shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law and Jurisdiction
These terms and your use of the website are governed and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed in the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these terms shall be filed only in the state and federal courts located in the State of California 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 the terms in this Terms of Use and Privacy Policy Document.