Flag Star Football Foundation Terms of Use

Welcome to the Flag Star Football Foundation website (collectively the “Site”), which is owned and operated by the Flag

Star Football Foundation (“we,” “us,” or “our,”). Please read these Terms of Use carefully, as they describe the terms

and conditions applicable to the Site. BY ACCESSING ANY AREA(S) OF THE SITE, YOU AGREE TO BE

LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.

1. Your Acceptance of Flag Star Football Foundation Terms of Use and Privacy Policy

Your use of and/or visitation to any area of the Site signifies your agreement to (1) these Terms of Use

and (2) Privacy Policy, which is incorporated herein by reference. If you do not agree to any of these

actions taken by Flag Star Football with respect to your information in compliance with the Privacy

Policy.

In its sole discretion, Flag Star Foundation may modify or revise these Terms of Use or its Privacy Policy at any time

without notice, and you agree to be bound by such modifications or revisions.

If you violate any of these Terms of Use, your permission to access and use the Site and the contents of

the Site, such as text, graphics, software, images, designs, icons, features and functionality, video, audio

and other material contained on the Site (collectively, “Content”) automatically terminates (without

notice to you) and you must immediately cease all access to and use of the Site and the Content.

Flag Star Foundation may withdraw, amend or discontinue the Site (or any portion thereof) and any Content

(defined below) on the Site at any time without notice, in Flag Star Foundation’s sole discretion. Flag Star Foundation may not be

liable for any reason if all or part of the Site is unavailable for any period. Temporary interruptions of the

services available through the Site may occur as normal events.

In order to access the Site, you must have access to the Internet and related equipment or software,

which is it your responsibility to obtain at your own expense. You acknowledge that you are solely

responsible for upgrading and configuring your systems to be and remain compatible with the Site. Flag

Star Foundation has no control over third-party networks you may access during your use of the Site, and therefore,

delays and disruption of other network transmissions are completely beyond Flag Star Foundation’s control.

2. Your Use of the Site – Permissions and Restrictions

A. Flag Star Foundation hereby grants you permission to access and use the Site and the Content for your

personal and informational purposes only, under the following conditions: You agree to use the

Site for lawful purposes only. The Content is protected by copyright under both United States

and foreign laws and contains trademarks and other proprietary information. Title to the

Content remains with Flag Star Foundation or its licensors. Any use of the Content not expressly permitted

by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark,

and other laws. Content and features are subject to change or termination without notice in the

editorial discretion of Flag Star Foundation. All rights not expressly granted herein are reserved to Flag Star Foundation

and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or

using the Site or the Content. You may not modify, publish, transmit, display, reproduce,

distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any

of the Content, in whole or in part.

B. Flag Star Foundation name and trademarks and all related names, logos, product and service names, designs

and slogans are trademarks of Flag Star Foundation. You agree not to use Flag Star Foundation’s name or trademark in

any manner without the prior written permission of Flag Star Foundation. Any other names, logos, product

and service names, designs and slogans on the Site are the trademarks of their respective

owners.

C. You agree not to alter or modify any part of the Site.

D. Any special rules for the use of certain software and other items provided on the Site may be

included elsewhere within the Site and are incorporated into these Terms of Use by reference.

E. You agree not to share, reproduce, duplicate, copy, sell, trade, resell, exploit or use the Site (or

any portion thereof) for any commercial use (other than the purchase of products and services

offered for sale on the Site) without the prior written authorization of Site. You must not use the

Site (directly or indirectly) for any unauthorized purpose or to transmit or procure the sending of

any advertising or promotional material.

F. You agree not to use or launch any automated system, including, without limitation, “robots,”

“spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on

the Site. You agree not to upload, post, e-mail or otherwise send or transmit any material that

contains software viruses, Trojan horses, worms, spyware, or other material that is malicious or

technologically harmful, or any other computer code, files or programs designed to interrupt,

destroy, or limit the functionality of any computer software or hardware or telecommunications

equipment associated with the Site. You also agree not to interfere with the servers or networks

connected to the Site, violate any of the procedures, policies or regulations of networks

connected to the Site, scan or test the vulnerability of the Site, attempt to circumvent any

security measure with the Site, attempt to gain unauthorized access to, interfere with, damage,

or disrupt the Site, attempt to interfere with the property working of the Site, or access the Site

in order to build a competitive product or service or for benchmarking or other competitive

purposes. Notwithstanding the foregoing, Flag Star Foundation grants the operators of public search engines

permission to use spiders to copy materials from the Site for the sole purpose of and solely to

the extent necessary to create publicly available searchable indices of the materials, but not

caches or archives of such materials. Flag Star Foundation reserves the right to revoke these exceptions

either generally or in specific cases.

G. You agree not to collect or harvest any personally identifiable information from the Site, nor to

use the communication systems provided by the Site (if any) for any commercial solicitation

purposes. You agree not to solicit, for commercial purposes, any users of the Site. Any conduct

by you that in Site discretion restricts or inhibits any other user from using or enjoying the Site

will not be permitted.

H. In your use of the Site, you will at all times comply with the terms and conditions of these Terms

of Use and all applicable local, national, and international laws and regulations. You agree not to

post or transmit through the Site any material which (in Flag Star’ Foundation’s sole discretion) is unlawful,

threatening, harassing, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar,

obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that

would constitute a criminal offense, which gives rise to civil liability, which otherwise violates

any law, which could be detrimental to Flag Star Foundation, or which provides support or resources to any

organization designated by any government as a foreign terrorist organization.

I. You agree not to upload, post or otherwise make available on the Site any material protected by

rights, without the express permission of the owner of the copyright, trademark or other

proprietary right, and the burden of determining that any material is not protected by copyright

rests with you. You shall be solely liable for any damage resulting from any infringement of

copyrights, proprietary rights, or any other harm resulting from any such submission.

J. You also agree not to impersonate any other person, engage in any conduct that restricts or

inhibits another user’s use or enjoyment of the Site, or conduct yourself in a vulgar or offensive

manner while using the Site. You agree that Flag Star Foundation may reject any User Submissions (defined

below) for any reason or no reason, including, but not limited to, vulgarity or other offensive

content, which determination shall be at Flag Star Foundation’s sole discretion, or content protected by

third party proprietary rights, including, but not limited to, copyright, trademark or publicity

rights.

K. You agree that Flag Star Foundation shall have the right, but not the obligation, to monitor the content of

the Site and to remove any material that Flag Star Foundation, in its sole discretion, finds to be in violation

of the provisions herein or otherwise objectionable.

You agree to comply with all applicable laws regarding the transmission of data exported from the

United States or the country in which you reside.

3. Account Registration

In order to participate in certain areas of the Site, you may need to register for an account, including,

but not limited to, creating a username and password. Your account is personal to you and you are

solely responsible for any and all acts or omissions that occur through the use of your account, whether

or not permitted or authorized by you. You agree to: (i) create only one account; (ii) provide truthful,

accurate, current and complete information when creating your account; (iii) maintain the security of

your account by restricting access to your account and not sharing your username or password with

others; (iv) maintain and promptly update your account information if necessary; (v) notify Flag Star Foundation

immediately upon learning of any unauthorized access to or use of your account, your username or

password or any other security breaches relating to the Site; (vi) take responsibility for and accept all

risk relating to any and all activities and transactions that occur under or in connection with your

account; and (vii) ensure that you exit from your account at the end of each session. Additionally, you

may not use your account to gain or attempt to gain unauthorized access to any portion of the Site,

including, but not limited to, accessing another user’s account. You should use caution when accessing

your account from a public or shared computer so that others are not able to view or record your

password or other personal information.

Flag Star Foundation reserves the right to terminate account sessions that are inactive for an extended period of

time. If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to

update any information on a timely basis, or if Flag Star Foundation has reason to believe that information you

provided is not current, untrue, inaccurate, or incomplete, Flag Star Foundation may suspend or terminate any or all

of your accounts and refuse you any and all current or future use of the Site (or any portion thereof).

Flag Star Foundation also retains the right, in its sole discretion, to suspend, deactivate, or terminate any or all of

your accounts, as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities.

The Flag Star Foundation Parties (defined below) will not be liable for any loss or damage arising from use or misuse

of your account due to the activities of third parties or resulting from your failure to maintain the

security and confidentiality of your account, username and password. The Flag Star Foundation Parties shall also

not be liable to you or any third party for any termination of your account or access to the Site.

4. Right to Terminate

Flag Star Foundation reserves the right to disable, terminate or restrict your use of the Site at any time, without

notice, for any or no reason whatsoever. Flag Star Foundation reserves the right to determine, in Flag Star Foundation’s sole

discretion, whether a User Submission is appropriate and complies with these Terms of Use. Flag Star Foundation

may remove such User Submissions and/or terminate a user’s access for uploading such material in

violation of these Terms of Use at any time, without prior notice and at Flag Star Foundation’s sole discretion. Any

rights you have in accessing the Site shall terminate upon the deactivation or termination of your

account or the termination of these Terms of Use with you.

5. Disclaimer of Opinion

Any opinions, advice, statements, or other information that constitutes part of the content expressed or

made available by you or third parties on the Site are those of the respective authors or producers and

not of the Flag Star Foundation Parties. Under no circumstances shall any Flag Star Foundation Party be held liable for any loss or

damage caused by your reliance on information, materials or Content obtained on or through the Site

(“Site Information”). It is your responsibility to evaluate the information, opinion, advice, or other

content available through the Site.

6. Disclaimer of Warranty

THE SITE, THE CONTENT, THE SITE INFORMATION AND ANY PRODUCTS OR SERVICES DISCUSSED,

PROMOTED OR SOLD VIA THE SITE ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. THE USE

OF THE SITE, THE CONTENT, THE SITE INFORMATION AND ANY PRODUCT OR SERVICE DISCUSSED,

PROMOTED OR SOLD VIA THE SITE IS AT YOUR OWN RISK.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT

PERMITTED BY LAW, FLAG STAR FOUNDATION, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE

SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS

(COLLECTIVELY, THE “FLAG STAR FOUNDATION PARTIES”) DISCLAIM ALL REPRESENTATATIONS AND WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NONE OF THE FLAG

STAR PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE

WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO

THE ACCURACY, COMPLETENESS, SECURITY, QUALITY OR RELIABILITY OF ANY INFORMATION, PRODUCTS

OR SERVICES PROVIDED OR ADVERTISED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-

INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE FLAG STAR FOUNDATION PARTIES ASSUME ANY

LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR

OTHER SITE INFORMATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III)

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES,

TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD

PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER SITE INFORMATION OR

FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR

OTHER SITE INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE

SITE. FLAG STAR DOES NOT REPRESENT, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

CONTENT, OTHER SITE INFORMATION OR PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED,

OR SOLD THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER

ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY

ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

7. Liability of Flag Star Foundation

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, ANY OTHER WEB SITE INFORMATION FOUND

THEREON, OR WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND

EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. FLAG STAR FOUNDATION ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER

INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.

IN NO EVENT SHALL THE FLAG STAR FOUNDATION PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,

CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL,

PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE,

UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED

ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE

PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES

CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR

CONTENT OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE;

(VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM

CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR

USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE

ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY CONTENT,

OTHER SITE INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THESE

LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FLAG STAR FOUNDATION PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH

DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY

ACKNOWLEDGE THAT THE FLAG STAR FOUNDATION PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY FLAG STAR FOUNDATION FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND FLAG STAR FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS

OR USE THE SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE

FOR COMPLIANCE WITH LOCAL LAW.

IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 7, ANY FLAG STAR FOUNDATION PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE

SITE (OTHER THAN WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE),

YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50.00). IF,

NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 7, ANY FLAG STAR FOUNDATION PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO ANY SERVICE(S) OR

PRODUCT(S) (WHETHER TANGIBLE OR INTANGIBLE) ADVERTISED, PROMOTED OR SOLD THROUGH THIS

SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNT YOU

HAVE PAID FLAG STAR FOUNDATION THROUGH YOUR USE OF THE SITE.

SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY

NOTWITHSTANDING THE SELECTION OF DISTRICT OF COLUMBIA LAW AS DESCRIBED BELOW, DO NOT

ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING

EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW,

ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER

BARRED. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE

EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

8. Indemnification

You agree to defend, indemnify and hold harmless the Flag Star Foundation Parties from and against any and all

claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including

reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Site

and/or any Content, Site Information, services or products advertised or provided via the Site; (ii) your

violation of these Terms of Use or any other agreement with Flag Star Foundation; (iii) your negligence or willful

misconduct; (iv) your violation of any third party right, including, but not limited to, any copyright,

property or privacy right; or (v) any claim that any of your User Submissions caused damage to a third

party. The Flag Star Foundation Parties reserve the right to assume the exclusive defense and control of any matter

subject to indemnification by you, in which event you will cooperate with us in asserting any available

defenses.

9. Third Party Advertisements; Links to Other Web Sites

Flag Star Foundation may display advertisements from third parties on the Site. Your dealings or correspondence

with such third parties, and any terms, conditions, warranties, or representations associated with such

dealings, are solely between you and such third party. Flag Star Foundation is not liable for any damages or losses of

any sort incurred as a result of such dealings or as a resulting of such third-party advertisements or

information on the Site. Flag Star Foundation has the right, but not the obligation, to remove any material from the

Site for any reason or no reason at all, in its sole discretion.

Some of the hyperlinks on the Site may lead to other web sites that are not controlled by, or affiliated

with, Flag Star Foundation. In addition, other web sites may link to the Site. Unless expressly stated, Flag Star Foundation has not

reviewed or endorsed these web sites, has no control over those web sites, is not responsible for the

availability of external sites or resources linked to the Site or for the content or privacy policies, or

practices of any third-party web sites. In addition, Flag Star Foundation will not and cannot censor or edit the

content of any third-party web site. By using the Site, you expressly relieve the Flag Star Foundation Parties from any

and all liability arising from your use of any third-party web site that you visit through or via the Site -

any access by you to third-party web sites from the Site shall be entirely at your own risk. Transactions

that occur between you and such third party sites are strictly between you and the third party and are

not the responsibility of Flag Star Foundation. Accordingly, Flag Star Foundation encourages you to be aware when you leave the

Site to read the terms and conditions and privacy policy of each other web site that you visit.

10. User Submissions and Contributions

Any personal information you provide to Flag Star Foundation is subject to our Privacy Policy. Beyond that

information, any email or other communications or content you send to any part of the Site is non-

confidential for all purposes. “User Submissions” include all forms of information or material uploaded

or communicated in any manner by users of the Site. If you make any such submission, you

automatically grant, or warrant that the owner of such content has expressly granted, Flag Star Foundation a

royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicensable and transferable right and

license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute,

perform, and display the communication or content in any media or medium, or any form, format or

forum now known or hereafter developed. Flag Star Foundation may sublicense its rights through multiple tiers of

sublicenses. You also hereby grant each user of the Site a non-exclusive license to access your User

Submissions through the Site, and to use, reproduce, distribute, display and perform such User

Submissions as permitted through the functionality of the Site and under these Terms of Use. Flag Star Foundation

may choose to retain, but not display, distribute, or perform, server copies of User Submissions that

have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or

publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own

or have the necessary licenses, rights, consents, and permissions to use and authorize Flag Star Foundation to use all

patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User

Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the

Site and these Terms of Use.

Flag Star Foundation does not endorse any User Submission, or any opinion, recommendation, or advice expressed

therein, and Flag Star Foundation expressly disclaims any and all liability in connection with User Submissions. Flag

Star Foundation does not permit copyright infringing activities and infringement of intellectual property rights on its

Site, and Flag Star Foundation may remove any User Submission if notified that such User Submission infringes on

another’s intellectual property rights.

You agree that Flag Star Foundation, should it accept a User Submission, may include that User Submission in the

Site for as long or as short a period of time as Flag Star Foundation, in its sole discretion, chooses.

You also agree that Flag Star Foundation may, in Flag Star Foundation’s sole discretion, reject, remove, or edit User Submissions

(or any portion thereof), for any reason or for no reason, at any time and without notice. Flag Star Foundation may,

but is not obligated to, review the content of User Submissions. User Submissions should not be

submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening,

defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or

personal attacks; or misleading information regarding the origin of the content.

Flag Star Foundation may use any comments, information, ideas, concepts, reviews, or techniques or any other

material contained in any User Submission or other communication you may send to Flag Star Foundation without

compensation to you or attribution and for any purpose whatsoever, including, but not limited to,

developing, manufacturing and marketing products or services and creating, modifying or improving the

Site or other web sites. Should you send any unsolicited materials or ideas, you do so with the

understanding that no consideration of any sort will be provided to you, and you are waiving any claim

against the Flag Star Foundation Parties regarding the use of such materials and ideas, even if material or an idea is

used that is substantially similar to the idea you sent.

11. Disputes

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR

RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL

ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TERMS OF USE WILL

TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT

ALLOWED.

Each party waives its right to a jury trial in any court action arising between the parties under these

party claim, or otherwise.

Subject to this Section 11, all disputes between you and the Flag Star Foundation Parties must be resolved by final

and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under

law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of

the relationship between you and the Flag Star Foundation Parties, whether based in statute, fraud, tort, contract,

misrepresentation, or any other legal theory, (ii) disputes and claims that arose before this or any prior

agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The

arbitration will be conducted by one arbitrator using the procedures described in this Section 11. The

arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and

shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary

Procedures for Consumer-Related Disputes, as modified by this these Terms of Use, which are in effect

on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these

to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the

arbitrator shall be bound by and strictly enforce the terms of these Terms of Use and may not limit,

expand, or otherwise modify their terms.

Before you take a dispute to arbitration, you must first write to Flag Star Foundation at:

Flag Star Football Foundation

2636 Moreland Place NW

Washington, DC 20015

and give Flag Star Foundation an opportunity to resolve the dispute. Similarly, before Flag Star Foundation takes a dispute to

arbitration, Flag Star Foundation must first attempt to resolve it by contacting you. If the dispute cannot be

satisfactorily resolved within thirty (30) days from the date you or Flag Star Foundation is notified by the other of a

dispute, then either party may contact the AAA in writing and request arbitration of the dispute.

Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available

at www.adr.org. The arbitration will be based only on written submissions of the parties and the

documents submitted to the AAA relating to the dispute, unless either party requests that the

arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges

may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA

selects in Los Angeles, California. Arbitrations under these Terms of Use shall be confidential as

permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the

arbitration of confidentiality obligations. Judgment on the award rendered by the arbitrator may be

entered in any court of competent jurisdiction. The arbitrator's fees shall be deposited equally by the

parties, but may be awarded by the arbitrator as provided in the AAA rules.

Nothing in this Section 11 or otherwise shall preclude the Flag Star Foundation Parties from seeking any injunctive

relief in any court of competent jurisdiction for protection of the Flag Star Foundation Parties’ intellectual property

rights or other proprietary rights. You acknowledge and agree that the Flag Star Foundation Parties’ remedies at law

for a breach or threatened breach by you of any of the provisions of these Terms of Use would be

inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any

remedies at law, the Flag Star Foundation Parties shall, without posting any bond or other security, be entitled to

obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary

or permanent injunction, or any other equitable remedy which may then be available.

All rights and remedies of Flag Star Foundation upon your breach or other default under these Terms of Use will be

deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or

by law or equity on Flag Star Foundation, and the exercise of any one remedy will not preclude the exercise of any

other.

These Terms of Use are governed by the internal substantive laws of the District of Columbia, without

reference to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a

further or continuing waiver of such term or condition or any other term or condition.

12. Revisions to Terms of Use

These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by

Flag Star Foundation at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the

posting thereof on the Site. Any use of the Site by you after such posting shall be deemed to constitute

acceptance of such Modified Terms. It is your obligation to check this page often for Modified Terms.

13. Entire Agreement

These Terms of Use, as modified from time to time by Flag Star Foundation, and including Flag Star Foundation’s Privacy Policy

incorporated herein by reference, set forth the entire understanding and agreement of the parties

relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of

any kind or nature. By agreeing to these terms, you represent that you are not relying on any

agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set

forth herein.

14. Severability

If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to

be invalid, unlawful, or unenforceable as drafted, the parties intend that such provision be amended and

construed in a manner designed to effectuate the purposes of the provision to the fullest extent

permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the

remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted

by law. Each party acknowledges and agrees that any interpretation of these Terms of Use will not be

construed against a party by virtue of its having drafted the provisions hereunder.

15. Digital Millennium Copyright Act

It is Flag Star Foundation’s policy to respect the intellectual property rights of others. If you are a copyright owner or

an agent thereof and believe that any User Submission or other communication or material infringes

upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act

(“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §

512(c)(3) for further detail):

· A physical or electronic signature of a person authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works on the Site are covered by a single notification, a representative list of such

works;

· Identification of the material that is claimed to be infringing or to be the subject of infringing

activity and that is to be removed or access to which is to be disabled and information

reasonably sufficient to permit Flag Star Foundation to locate the material;

· Information reasonably sufficient to permit Flag Star Foundation to contact you, such as an address,

telephone number, and, if available, an electronic mail address;

· A statement that you have a good faith belief that use of the material in the manner complained

of is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and under penalty of perjury,

that you are authorized to act on behalf of the owner of an exclusive right that is allegedly

infringed.

Flag Star Foundation’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright

Officer, 2636 Moreland Pl NW, Washington, DC 20015. For clarity, only DMCA notices should go to the

communications should be directed to Flag Star Foundation’s customer service. You acknowledge that if you fail to

comply with all of the requirements set forth above, your DMCA notice may not be valid.

If you are the owner or an agent thereof, of material that was removed from the Site or disabled after

Flag Star Foundation received a copyright infringement notice, and you have a good faith belief that the material

was removed or disabled as a result of mistake or misidentification of the material, you may ask that the

material be restored by sending Flag Star Foundation a counter-notification. Section 512(g) of the Copyright Act

requires that your counter-notification include all of the following:

· Your physical or electronic signature;

· Identification of the content that has been removed or to which access has been disabled and

the location at which the content appeared before it was removed or disabled;

· A statement that you have a good faith belief that the content was removed or disabled as a

result of mistake or a misidentification of the content; and

· Your name, address, telephone number, and e-mail address, a statement that you consent to

the jurisdiction of the federal courts in the District of Columbia, and a statement that you will

accept service of process from the person who provided notification of the alleged

infringement.

If a counter-notice is received by the Copyright Agent, Flag Star Foundation may send a copy of the counter-notice

to the original complaining party informing that person that Flag Star Foundation may replace the removed content

or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order

against the content provider or user, and provides Flag Star Foundation with notice of same, the removed content

may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-

notice, at Flag Star Foundation’s sole discretion.

16. Intellectual Property Notice

All content on the Site is owned by Flag Star Foundation or its licensors, and is protected by U.S. and international

Reproduction of any content, in whole or in part, without permission is prohibited.

17. Ability to Accept Terms

You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or

guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,

affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and

comply with these Terms of Use.

18. General

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is

intended or created between you and Flag Star Foundation by your use of the Site. Any provision of these Terms of

Use which by its nature would survive the termination or expiration of these Terms of Use, including

without limitation Sections 6, 7, 8, 9, 11, 13, 14, 16, 17 and this Section 18 shall do so. These Terms of

Use, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by

you, but may be assigned or transferred by Flag Star Foundation without restriction. The section headings used

herein are for convenience only and shall not be given any legal import. These Terms of Use are for the

benefit of Flag Star Foundation, the other Flag Star Foundation Parties, and their third-party content providers and licensors, and

each shall have the right to assert and enforce these Terms of Use directly or on its own behalf. Nothing

in these Terms of Use shall be deemed to confer any third-party rights or benefits.

In addition to any limitations provided by applicable law, Flag Star Foundation shall be excused from liability for non-

delivery or delay arising from any event beyond its reasonable control, whether or not foreseeable by

either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather,

inability to secure transportation, governmental act or regulation, pandemic, and other causes or events

beyond its reasonable control, whether or not similar to those which are enumerated above.

19. Additional Rights

Additional rights and obligations are set forth in our COVID Waiver; Liability Waiver, and Media Release.