Hobey Baker Memorial Award Foundation – Terms of Use

Last Updated: February 7, 2022

Acceptance of Terms

The services that Hobey Baker Memorial Award Foundation (HBMAF) provides to you are subject to the following Terms of Use (“TOU”). HBMAF reserves the right to update and modify the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. When we make updates to the TOU, HBMAF will update the date at the top of this page. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.

Description of Services

Through its network of Web properties, HBMAF provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

See the Privacy Statement disclosures relating to the collection and use of your personal data.

Content

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of HBMAF or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you in this TOU are reserved and retained by HBMAF or its licensors, suppliers, publishers, rightsholders, or other content providers.

Documents

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) unless explicitly covered by another license or agreement, use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the HBMAF.com website or any other HBMAF owned, operated, licensed or controlled site. Elements of HBMAF websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HBMAF website may be copied or retransmitted unless expressly permitted by HBMAF.

Limitation of Liability

In no event shall HBMAF and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify HBMAF immediately of any unauthorized use of your account or any other breach of security. HBMAF will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by HBMAF or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any HBMAF server, or the network(s) connected to any HBMAF server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any HBMAF server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these TOU.

Use of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

HBMAF has no obligation to monitor the Communication Services. However, HBMAF reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. HBMAF reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

HBMAF reserves the right at all times to disclose any information as HBMAF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HBMAF’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. HBMAF does not control or endorse the content, messages or information found in any Communication Services and, therefore, HBMAF specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized HBMAF spokespersons, and their views do not necessarily reflect those of HBMAF.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Links to Third Party Sites

The links in this area will let you leave HBMAF’s site. The linked sites are not under the control of HBMAF and HBMAF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. HBMAF is not responsible for webcasting or any other form of transmission received from any linked site. HBMAF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HBMAF of the site.

Unsolicited Idea Submission Policy

HBMAF or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when HBMAF’s products or marketing strategies might seem similar to ideas submitted to HBMAF. So, please do not send your unsolicited ideas to HBMAF or anyone at HBMAF. If, despite our request that you not send us your ideas and materials, you still send them, please understand that HBMAF makes no assurances that your ideas and materials will be treated as confidential or proprietary.