Terms of Use

Please read these Terms of Use (“Terms”) carefully. These Terms are a legal agreement between You and Camber Foundation (“Camber Foundation”, “We”, “Our” or “Us”) governing Your access to and use of the Services. If You are using the Services on behalf of a business or entity, You acknowledge and agree that You have such authority to bind such business or entity and that such business or entity accepts these Terms. 

By accessing or using the Services, You agree to be bound by these Terms and all additional terms incorporated by reference. If You do not agree to any portion of these Terms, do not access or use the Services. 

Definitions

  1. Services” means the Camber Foundation Website. 
  2. Website” means Camber Foundation.com.
  3. You” means any individual that accesses the Website.

Use of the Services 

    1. License. Subject to these Terms, Camber Foundation grants You a non-transferable, non-exclusive, revocable, personal, non-sublicensable, limited license to use and access the Services. The rights granted to You in these Terms are subject to the restrictions in these Terms. 
    1. Modification. Camber Foundation reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to You. You agree that Camber Foundation will not be liable to You or to any third-party for any modification, suspension, or discontinuation of the Services or any part thereof.
    1. Restrictions. You are prohibited from using the Services: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) to attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; (x) to use any portion of the Services in any manner that may give a false or misleading impression, attribution or statement as to Us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Services, disassemble the Services, or otherwise attempt to derive the source code of the software that enables or underlies the Services, except as may be permitted by applicable law; and (xii) encouraging or assisting a third-party to do any of the foregoing. 
    1. Review. You are solely responsible for Your use of the Services and Camber Foundation does not control, endorse, or approve Your use of the Services, and is not responsible for Your use of the Services. Camber Foundation is not responsible for any human error caused by You or any third party. Camber Foundation is not obligated to prescreen Your use of the Services, and We do not regularly monitor use of the Services. However, We may choose, in Our sole discretion, to review Your use of the Services. 

    Services Content

    The Services are provided to You as a convenience and for Your information only. Your use of the Services is at Your own risk. Camber Foundation does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, shareable links, design, audio, video, and any other information provided from on the Services (collectively, the “Services Content”) is accurate or complete; (ii) the Services Content is up-to-date or current; (iii) Camber Foundation has any obligation to update the Services Content; (iv) the Services Content is free from technical inaccuracies or programming or typographical errors; (v) the Services Content is free from changes caused by a third party; (vi) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Services is accurate or complete.

      Feedback

      The Services may now or in the future permit You to upload or post to the Services or otherwise submit to Us in various forms of content, such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “Feedback”). We do not claim ownership in Your Feedback. However, by submitting any Feedback, You hereby grant (and You represent and warrant that You have the right to grant) to Camber Foundation an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Feedback in any manner Camber Foundation deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your Feedback. You agree that You will not submit to Camber Foundation any information or ideas that You consider to be confidential or proprietary. You further acknowledge that Camber Foundation will be entitled to unrestricted use of Your Feedback for any purpose whatsoever, commercial or otherwise. You are solely responsible for Your Feedback and assume all risks associated with Your Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Feedback that personally identifies You or a third-party. Camber Foundation cannot guarantee any confidentiality with respect to any Feedback. We reserve the right (but have no obligation) to review any Feedback, and to investigate and/or take appropriate action against You in Our sole discretion if You violate these Terms or otherwise create liability for Us or any other person.  

        System Requirements

        Use of the Services requires a compatible device and Internet access and may require obtaining updates or upgrades from time to time. Because Your use of the Services involves hardware and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. You acknowledge that such hardware and Internet is Your responsibility and Camber Foundation is not responsible for any charges associated with Your use of the Services.

          NO WARRANTIES

          THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND CAMBER FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SERVICES CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

            LIMITATION OF LIABILITY

            TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAMBER FOUNDATION BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR SERVICES CONTENT, EVEN IF CAMBER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. 

              TO THE FULLEST EXTENT PERMITTED BY LAW, CAMBER FOUNDATION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR ACCESS TO AND USE OF THE SERVICES AND/OR THE SERVICES CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

                Indemnification

                You agree to indemnify, defend, and hold Camber Foundation, Our licensors, Our licensees, and Our and their employees, service providers, affiliates, subsidiaries, parents, and agents) (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) (collectively, “Claims”) assessed or incurred by Us, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Services or Services Content; (iii) Your violation of applicable laws, regulations, or third-party rights; (iv) Your Feedback; (v) Your willful misconduct, fraud, or negligence; and (vi) any introduction by Your or Your personnel of any virus, worm, code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of the software, code, program, or sub-program, itself; adware, spyware, Internet bots, malware, bugs, web bugs, or other surreptitious code in Our or Our licensees’ computer environment, network, or systems. Camber Foundation reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify an Indemnified Party, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Camber Foundation. Camber Foundation will use reasonable efforts to notify You of any such claim, action or proceeding, upon becoming aware of it.

                  Intellectual Property

                  Excluding any Feedback that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Services and Services Content are owned by Camber Foundation. Neither these Terms, nor Your access to or use of the Services, transfers to You or any third-party any rights, title, or interest in or to such intellectual property rights. Camber Foundation reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

                    Term and Termination

                    The Terms will remain in full force and effect while You access and use the Services. We may suspend or terminate Your right to use the Services at any time for any reason at Our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of Your rights under these Terms, Your right to access and use the Services will terminate immediately. Camber Foundation will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account. 

                      Governing Law

                      All matters arising out of or relating to these Terms, the Services, or Services Content will be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina with respect to any action arising in connection with these Terms, the Services, or Services Content. 

                        Mediation and Arbitration

                        Unless the parties otherwise mutually agree in writing, You agree to resolve all disputes, claims and controversies (including without limitation the arbitrability thereof) between You and Camber Foundation, or any of Our officers, members, managers, employees, parent, subsidiary or affiliated entities, successors and assigns (collectively, the “Camber Foundation Parties”), including without limitation disputes, claims, or controversies arising out of or relating to these Terms, the Services, Services Content, or any other matter in dispute between You and any of the Camber Foundation Parties, by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect on the date of commencement of the arbitration. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that any of the Camber Foundation Parties may enforce this agreement to require You to arbitrate.  The arbitration hearing shall take place in Wake, North Carolina, at the offices of counsel for Camber Foundation.  At least 120 days before the arbitration hearing, the parties shall conduct a mediation in Raleigh, North Carolina, using a superior court mediator certified by the North Carolina Dispute Resolution Commission selected by the written agreement of the parties or, if the parties cannot agree, by the arbitrator(s).  The parties shall bear their own attorneys’ fees and their own mediation, litigation, and arbitration expenses, and the arbitrator shall have no authority to award or redistribute such fees and expenses to any party to the arbitration.  This agreement to arbitrate shall be subject to the Federal Arbitration Act.

                          Class Action Waiver

                          To the fullest extent permitted by applicable law, each party waives the right to litigate or arbitrate any dispute, claim, or controversy as a class action, either as a member of a class or as a class representative, or to act as a private attorney general.

                            General Provisions

                              1. Age Restriction. You affirm that You are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms.  
                              1. Privacy. Camber Foundation collects, uses, and shares personal information collected through the Services in accordance with its Privacy Policy.
                              1. Electronic Communications. By using the Services, You consent to receive electronic communications from Camber Foundation unless You follow applicable opt-out procedures. Camber Foundation will communicate with You by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communication be in writing.
                              1. Third-Party Links. The Services may include links and other content provided by third-parties (“Third-Party Content”). Third-Party Content is provided for Your convenience and information only. Third-Party Content is not under the control of Camber Foundation and Camber Foundation is not responsible for any Third-Party Content. The inclusion of Third-Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Camber Foundation. Use of any Third-Party Content is at Your own risk.
                              1. Local Laws. Camber Foundation makes no representation that the Services or Services Content is appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If You choose to access the Services from other jurisdictions, You do so at Your own risk and are responsible for compliance with applicable local laws.
                              1. Miscellaneous. These Terms constitute the entire agreement between You and Camber Foundation regarding the Services and Services Content. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  
                              1. Changes. Camber Foundation may revise these Terms or the Services, or stop providing the Services, at any time and without notice to You. Camber Foundation encourages You to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.
                              1. Contact. For questions on these Terms, please contact Camber Foundation at info@camberfoundation.org.

                              Last updated: July 22, 2023

                              cam·ber | \ ˈkam-bər \ A positive, upward curve built into the beam of a bridge intended to distribute the load.