Terms of Use

Boyneforever.org (the “Website”) is owned and controlled by the Boyne Forever Foundation (“Boyne Forever,” or “we,” or “us”). The information provided on this Website is for general informational and educational purposes only. Please read and review these Terms carefully before accessing or using the Website. They can be downloaded here.

1. Acceptance of Agreement
   Your access to and use of the Website is subject to the following Terms (“Terms”) and all applicable laws. By accessing and browsing the Website, you accept and agree to, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Boyne Forever are superseded and of no force or effect with respect to your access and use of the Website. By using the Website, you agree to Boyne Forever’s Privacy Policy.
   
2. Changes to the Terms
   We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
   
3. Permitted Use
   Boyne Forever maintains the Website for your personal information, education, and communication. Please feel free to browse the Website. You may download material displayed on the Website for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including the text and images, without Boyne Forever's written permission. You understand that Boyne Forever makes no representation that the information on the Website is appropriate or available for use in locations outside of the United States, and access to the Website from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Website from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.
   
4. Prohibited Uses
   You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
   
   - In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
   - To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Boyne Forever, its users and customers, or expose any of the same to liability.
   - To violate (or help or encourage others to violate) these Terms or our other policies.
   
   Additionally, you agree not to:
   
   - Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
   - Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
   - Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
   - Use any device, software, or routine that interferes with the proper working of the Website.
   - Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   - Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
   - Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
   - Otherwise attempt to interfere with the proper working of the Website.
   
5. Service Limitations
   We will make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand, agree, and accept that Boyne Forever will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Website, or to provide all or any specific content through the Website.
   
6. Intended Audience
   The information provided on the Website is intended only for residents in the United States. The Website and its links may, however, contain information about products that may or may not be available in any particular country, territory, or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The information provided here is based on United States labeling and may not be appropriate outside of the United States.
   
7. Copyright Protection
   You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms or the text on the Website without the written permission of Boyne Forever. Boyne Forever neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with Boyne Forever.
   
8. Trademarks
   The registered and unregistered trademarks, trade names, logos, and service marks (collectively the “Trademarks”) displayed on the Website are the property of Boyne Forever, its licensors, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Website without the written permission of Boyne Forever or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms, is strictly prohibited. You are also advised that Boyne Forever will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
   
9. Indemnification
   You agree to indemnify, defend, and hold harmless Boyne Forever and its officers, directors, employees, agents, funders, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
   
10. Disclaimer of Warranty, Limitation of Liability, and Time Limitation for Claims
    YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
    
    For purposes of this section, “Boyne Forever” includes also any parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents.
    
    BOYNE FOREVER DOES NOT WARRANT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
    
    THE WEBSITE, INCLUDING IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
    
    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BOYNE FOREVER, BE LIABLE TO YOU FOR (i) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, (ii) ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (iii) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100), BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BOYNE FOREVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
    
    IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
    
11. Prohibited Transmissions
    Certain areas of the Website may enable you to access online forums and submit messages, or otherwise provide feedback to Boyne Forever. Boyne Forever does not endorse, and specifically disclaims, any responsibility or liability for any content in these forums. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary rights, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful code, (d) is connected to a cyberattack on Boyne Forever or third parties, or (e) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your access to or use of the Website.
    
12. Privacy
    Boyne Forever respects the privacy of its Website users. Please refer to Boyne Forever’s Privacy Policy.
    
13. User Submissions
    Any “personally identifiable information” in electronic communications to the Website is governed by Boyne Forever’s Privacy Policy. Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. You agree that anything you transmit or post may be used by Boyne Forever for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Boyne Forever is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and selling products and services using such ideas, concepts, know-how, processes, or techniques.
    
14. Third-Party Websites and Links
    This Website may contain links or references to other sites maintained by third parties over whom Boyne Forever has no control. Boyne Forever has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or any other sites linked to the Website. Such links are provided merely as a convenience. Similarly, this Website may be accessed from third-party links over which Boyne Forever has no control. Boyne Forever makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Boyne Forever. Once you link to another site, please be sure to review the legal notice and privacy policy of the new site. It may be different from those governing the Website.
    
15. Void Where Prohibited
    This Website and its contents are intended to comply with the laws and regulations in the United States. Although the information on this Website may be accessible to users outside of the United States, the information pertaining to Boyne Forever is intended for use only by residents of the United States. Other countries may have laws or regulatory requirements that differ from those in the United States.
    
16. Modification of Agreement
    Boyne Forever may, at any time, revise the Terms governing the access and use of the Website. All revisions to these Terms will be posted on the Website. You are bound by any such revisions and should, therefore, periodically review the Terms posted to the Website.
    
17. Miscellaneous
    No waiver by Boyne Forever of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Boyne Forever to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
    If any provision of this Agreement is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Boyne Forever reserves the right to alter or delete materials from this Website at any time at its discretion.
    Boyne Forever may assign these Terms, and any of its rights under the Terms, in whole or in part, and Boyne Forever may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sublicense your rights under the Terms, to any third party.
    
18. Governing Law and Dispute Resolution
    Any dispute regarding these Terms will be resolved in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. To the maximum extent permitted by law, to the extent any matter proceeds in court, except for small claims court, including any disputes over the enforceability of these Terms that are for a court to decide, you consent to the exclusive jurisdiction of the federal and state courts located in Charlevoix County, Michigan.
    
    This Governing Law and Dispute Resolution section shall survive the cancellation or expiration of the Terms.
    
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.
    
19. Entire Terms
    The Terms and our Privacy Policy constitute the sole and entire agreement between you and BOYNE FOREVER regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
    
20. For Further Information
    If you have questions or concerns about these Terms, please contact us at:
    If you have any questions about this Policy, please contact us at:
    Boyne Forever Foundation
    Email: admin@boyneforever.org