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95 Harbor Master Rd., South San Francisco, CA 94080
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Copyright © 2016-2018 Oyster Point Dragons. All Rights Reserved.

Oyster Point Dragons
Terms and Conditions

Terms and Conditions for Use of this Website
The following Terms and Conditions apply to your use of this website (Terms and Conditions). In these Terms and Conditions, “we,” “us,” “our,” and “OPD” refer to Oyster Point Dragons. By using www.oysterpointdragons.org, you, or you and the entity – if you legally represent an entity, agree to these Terms and Conditions. Additionally, please review OPD’s Privacy Policy.

Updates and Modifications
OPD may update the information on this website from time to time. Any such update or modification will be effective immediately upon posting. Your continued use of this website means that you accept these updates. Should specific services be made available through the website, additional terms will be incorporated into these Terms and Conditions.  If material changes to the Terms and Conditions are made, we will notify you by posting a notice in the "Announcements & Updates" section of the website.

Website Content and Information
Oyster Point Dragons retains full ownership and rights to all the contents on this website. You will not utilize this website and its contents, in any form, in whole or in part, unless expressly authorized by Oyster Point Dragons. Such action will be deemed a breach of these Terms and Conditions, and may violate copyright, trademark, and other laws. Oyster Point Dragons reserves all rights not expressly granted to you under these Terms and Conditions

With regards to contents on this website that are primarily team information intended for OPD’s team members and guests, downloading, printing, or copying from this website must be for noncommercial, team member and guest use only.

Code of Conduct for Website Use
When using this website, you agree to comply with the following:

•    You will comply with all of these Terms and Conditions, and with any applicable laws or regulations;
•    You will not post any content, including but not limited to data, photographs, graphics, sounds, or videos, that is unlawful, that violates third-party rights, and/or deemed by OPD to be inappropriate, including but not limited to content that is inaccurate, obscene, or harassing, harmful, abusive, hateful, or defamatory in nature;
•    You will not introduce any virus, worm, or any harmful scripts, codes, or files that can disrupt and infect this website and other users’ computers and/or data;
•    You will not attempt or assist in attempts to hack any part of this website;
•    You will not provide unauthorized access to this website and you will not interfere with other users’ use of this website;
•    You will not use this website to solicit, collect, or store other users’ personal data or passwords;
•    You will not engage in impersonation – person or entity, or misrepresent your affiliation with a person or entity.

Consent to Conduct Business Electronically
You consent to receive regular communication from Oyster Point Dragons in electronic form via this website or via email, including consent to conduct business with us electronically, e.g., electronic signing and submission of waivers, in accordance with the E-Sign Act.  You may withdraw your consent to receive communication from us by writing to us at: P.O Box 5380, South San Francisco, CA 94083.

Information You Submit
For certain uses of the website, including but not limited to, requests for waivers, race and team activities participation, and other surveys, Oyster Point Dragons may require you to provide information about yourself or about emergency contacts. You are responsible for providing correct and complete information. Should OPD require paddlers to create a user account, additional terms will be incorporated into these Terms and Conditions. Additionally, please review OPD’s Privacy Policy.

You are responsible for your user content subject to the “Code of Conduct for Website Use” section above. By so doing, you grant to OPD full and irrevocable rights to that content, royalty-free. OPD reserves the right to utilize or limit your content as deemed necessary for the benefit of the team. Feedback or suggestions you provide to OPD will be treated as non-proprietary and non-compensatory.

Terms and Conditions Violations
If you violate any of these Terms and Conditions, Oyster Point Dragons reserves the right to investigate and remove your inappropriate content, bar you from accessing this website, and terminate your user account, if established. At its discretion, OPD may notify the pertinent authorities regarding the source of the content, or take necessary action.

Third-Party Links, Information, and Integration
To recognize its sponsors and supporters, OPD may provide information on, and/or links to, their respective websites.  The information and links do not imply any endorsements or recommendations, and OPD accepts no responsibility for the contents, products, services, or privacy policies of these websites.

To facilitate e-commerce, this website integrates with third-party applications via links or shortcuts. Your interactions and transactions with such third parties through this website are solely between you and the third parties. You understand that you will bound by the third parties’ terms and conditions, warranties, or representations. You agree that Oyster Point Dragons is not responsible or liable for any loss or damage of any type incurred in connection with your interactions and transactions with these third parties. We reserve the right, at our discretion, to monitor or take any necessary action with regards to disputes between you and the third parties.

You hereby waive California Civil Code Section 1542 and any similar provision in any other jurisdiction, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Disclaimer of Warranties
This website is provided by Oyster Point Dragons on an “as is" and “as available” basis. Oyster Point Dragons makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. Oyster Point Dragons does not guarantee or warrant the accuracy of information contained on this website or that access to this website will be uninterrupted. To the full extent permissible by applicable law, Oyster Point Dragons disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Liability and Restricted Access
Oyster Point Dragons is not liable for any direct, indirect, or consequential loss, damage or inconvenience arising out of your use of this website. Oyster Point Dragons reserves the right to remove or restrict your access to this website without notice to you. Oyster Point Dragons is not responsible for damages suffered by you or any inconvenience caused directly or indirectly by our termination of your access to this website. You agree to indemnify, defend, and hold harmless Oyster Point Dragons and its governing board, officers, committee members, agents, volunteers, team members, guests, and suppliers from any liability, loss, claim, demand, costs and expenses, related to your violations of these Terms and Conditions. The State of California’s applicable department(s) shall govern any dispute related to the Terms and Conditions.  OPD’s failure to insist upon strict enforcement of any provision of these Terms and Conditions does not imply a waiver of any provision or right. Only written waivers will be effective.

Severability and Conflicts with other Terms
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable for any reason, in whole or in part, then that provision will be severable from these Terms and Conditions and won’t affect the validity or enforceability of the remaining provisions.

All disputes and controversies and claims arising out of the use of this website will be resolved through binding arbitration, on an individual basis, in accordance with the Comprehensive Arbitration Rules of JAMS. The arbitration will be conducted in the county of San Mateo, California using the English language. Arbitration costs incurred will be borne by each party. Arbitration award judgment may be entered in any court with jurisdiction. Notwithstanding the above, injunctive relief may be sought by OPD in any court having jurisdiction to protect its proprietary information.

Address of Record
Oyster Point Dragons’ address of record is:
P.O. Box 5380
South San Francisco, CA 94083