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Terms of Use

TERMS OF USE

Last revised: Dec. 25, 2015 Welcome to soulofnations.org, a non-profit website. Soul of Nations supports entrepreneurship and the arts for our nations first people, providing users with an online tool for education and advocacy, including the ability to donate or fundraise toward projects and conferences.

This website and its services (collectively, “Website”) are provided by Soul of Nations Inc. (“Soul of Nations” or “Soul”).

soulofnations.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). These Terms constitute a legally binding agreement made by and between Soul of Nations and you (“user” or “you’), and it governs this Website. By using this Website, you agree to these Terms. If you do not agree, you do not have permission to use the website.

1. Privacy
Your use of the Website is subject to Soul of Nations’ Statement of Privacy. Please review our Statement of Privacy, which also governs the Website and informs users of our data collection practices. You can find Soul of Nations’ Statement of Privacy at soulofnations.org.

2. Policies, Conditions and Applicable Law
You must comply with all of these Terms, and all rules, regulations and policies stated on Soul of Nations’ Website, including our Privacy Policy, all applicable laws, regulations and rules.

3. Electronic Communications
Visiting this Website or sending emails to Soul of Nations constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

4. Links to Third Party Sites, Publications and/or Services
soulofnations.org may contain links to other websites (“Linked Sites”). Please note that when you click on an external link, you may be visiting another website. The Linked Sites are not under the control of Soul of Nations and Soul of Nations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You visit these sites at your own risk. Soul of Nations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement buy Soul of Nations of the site or any association with its operators.

Certain services made available via soulofnations.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the soulofnations.org domain, you hereby acknowledge and consent that Soul of Nations may share such information and data with any third party with whom Soul of Nations has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

5. No Unlawful or Prohibited Use / Intellectual Property
Soul of Nations’ Website was built to facilitate education and fundraising in support of the Native American community. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to Soul of Nations that you will not use the Website for any purpose that is unlawful of prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website. All content included as part of the Service, such as text, graphics, logos, images, video, sound, as well as the compilation thereof, and any software used on the Website, is the property of Soul of Nations or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

6. Use of Communications Services
The Website may contain bulletin board services, news groups, forums, communities, personal web pages, profiles, campaign pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

The privacy and safety of our users is important to us. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 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, infringing, obscene, indecent, pornographic, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents in writing; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer; interfere with the normal functioning of the Website including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any 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 user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about other users, Soul of Nations, or the Soul of Nations Website, manually or through an automatic process, including e-mail addresses; assist any third party engaged in activities that violate these Terms; violate applicable laws or regulations.

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

Soul of Nations reserves the right at all times to disclose any information as 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 Soul of Nations’ sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Soul of Nations does not control or endorse the content, messages or information found in any Communication Service. Managers and hosts are not authorized Soul of Nations spokespersons, and their views do not necessarily reflect those of Soul of Nations.

Materials provided to a Communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

7. Materials provided to digdeepwater.org or posted on any Soul of Nations web page
By providing materials to digdeepwater.org by posting, uploading, inputting or submitting them to any Soul of Nations Website or our associate’s services (collectively, “Submissions”), you grant Soul of Nations a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license under all intellectual or other proprietary rights whatsoever. By posting, uploading, imputing, providing or submitting your Submission you are granting Soul of Nations, our affiliated companies, our affiliated charities and necessary sublicensees permission to use your Submission in connection with the operation of their activities including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Soul of Nations is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Soul of Nations’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you won or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit Submissions.

All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Website (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

8. International Users
The Service is controlled, operated and administered by Soul of Nations from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Soul of Nations Content accessed through digdeepwater.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Donations to Soul of Nations are accepted in US Dollars only, and any donation received from an international source is not-tax deductible, and will not be issued a tax receipt upon completion.

9. Payments
You will solely responsible for any taxes arising from, related to or connected with your use of this Website. DIGDEEP has the right to charge you through PayPal or a similar payment service for any taxes that we are required to pay or in fact collect.

10. Tax-Deductions and Receipts
When you make a payment to Soul of Nations through the donation or fundraising portals, we will automatically generate and send a tax-receipt to the email address you provided at the time of payment. This receipt will note any relevant tax-deduction information. You are solely responsible for maintaining a copy of this receipt for tax purposes.

11. Refunds
All payments, including those made through the donation or fundraising portals on this Website, are non- refundable.

12. Indemnification
You agree to indemnify, defend and hold harmless Soul of Nations, its officer, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Soul of Nations reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Soul of Nations in asserting any available defenses.

13. Force Majeure
Soul of Nations will not be liable for failing to perform under these Terms by the occurrence of any event beyond our reasonable control, including, without limitation, war, fire, terrorism, natural disaster, labor disturbance, internet outage or interruption of service, a communications failure or the failure of a service provider to perform.

14. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBTIE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SOUL OF NATIONS RIGHT TO WATER PROJECT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. SOUL OF NATIONS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOUL OF NATIONS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUL OF NATIONS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOUL OF NATIONS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

15. Termination / Access Restriction
Soul of Nations reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Soul of Nations as a result of this agreement or use of the Website. Soul of Nations’ performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of Soul of Nations’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Soul of Nations with respect to such use. If any part of this agreement is determined to be invalid of unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Soul of Nations with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Soul of Nations with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

17. Changes to Terms
Soul of Nations reserves the right, in its sole discretion, to change the Terms under which soulofnations.org is offered. The most current version of the Terms will supersede all pervious versions. Soul of Nations encourages you to periodically review the Terms to stay informed of our updates.

We welcome any and all questions and comments related to these terms. You my send them via mail, email or telephone (normal business hours, MST).

Address: P.O. Box 26460, Washington, DC 20001
Email: info@soulofnations.org
Phone: (202) 643-2164

These Terms are effective as of December 25, 2015.

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