Introduction

This Terms of Use agreement ("TOU") sets forth the terms, conditions and guidelines for use of the Pack495-org Web site (the "Site") and the services offered on it. This TOU constitutes a legally binding contract between the user ("you" or "your"), on the one hand, and Pack 495, its councils, committees and the Boy Scouts of America, (collectively "we", "us" or "our"), on the other hand. Please read this TOU carefully before using the Site or allowing activation of an account with us. By using the Site, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TOU on the Site.

Privacy

Our use of your personal information collected on the Site is governed by the terms of the Pack495-org Privacy Statement. The Pack495-org Privacy Statement sets forth our sole obligations with respect to user data and privacy.

Children

While we cannot prevent children under the age 13 from viewing the Site, children under the age of 13 may not use or register for the services offered on the Site without parental permission. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Trademarks

This web site contains logos, service marks, and trademarks of Pack 495, which may not be used for any purpose without the express written permission of Pack 495. All other trademarks that may appear on this web site are the property of their respective owners.

Copyright

Pack 495, Pack495-org, Innovative Data Solutions, Inc. and Mike Mlachak retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, music, sound, photographs video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the "Content"). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site. You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.

Contributed Content

You hereby assign to Pack495-org all right, title and interest in the content including the right to reproduce and display the content Pack495-org (including without limitation any text, music, sound, photographs, video, images, illustrations, icons, graphics, and data) that you may post on the Site or provide to us in connection with the Site (the "Contributed Content"). When submitting Contributed Content to us, you must not use a false name or email address or otherwise attempt to conceal the origin of your submission. You grant Pack495-org the right to use, at its discretion, your name or other identifying information in connection with Contributed Content. You represent and warrant to and for the benefit of Pack495-org that at the time of submission, (i) you own or otherwise control all rights in the Contributed Content; (ii) the Contributed Content is accurate; (iii) the Contributed Content does not violate any law or infringe any third party privacy or intellectual property rights; and (iv) the Contributed Content contains no material that is defamatory, obscene, vulgar, profane, harassing, or threatening. You agree to indemnify us for all claims arising from or related to Contributed Content. While we have no obligation to monitor Contributed Content, we expressly reserve the right to edit or to remove any Contributed Content we deem to be inappropriate for any reason.

Amendments and Corrections To Content

We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site.

User Responsibilities

You agree that all registration information, whether provided or on your behalf, on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.

For certain activities you conduct on the Site, you may receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. We disclaim all liability arising from or related to your failure to keep your account name and password secure.

Prohibited Uses

You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. We expressly prohibit any unauthorized third party linking to Pack495-org, including links to the home page or any other page on the Pack495-org domain.

Indemnity

You agree to indemnify and hold us and our dens, den leaders, pack, committes, councils, partners, telecommunications providers, service providers harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.

Limitation Of Liability

In no event will we, our suppliers, service providers, councils, pack, committees, dens or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the site or related services, the results of such services, or any information contained on the site, or in such services, whether such damages are based on warranty, contract, tort or other any other legal theory and whether or not such party is advised of the possibility of such damagers. Our aggregate liability and the aggregate liability of any of our suppliers, councils, or service providers, arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Web Site Use and Disclaimer of Warranties

This site and all related services are provided on an "as is" and "as available" basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. Except for the express warranties explicitly provided herein, neither we nor our partners, providers, or councils make any representations or warranties of any kind, express or implied as to the operation of the site, the content, any information made available through the site, or any transactions entered into by use or through the site. To the extent permitted by law, we and our partners, providers, pack, commitee, dens and councils disclaim all warranties, express or implied, including by not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners, providers, pack, commitee, dens or councils warrant that use of the site or any related services will be uninterrupted, available at any time or from any location, secure or error-free, or free of viruses or other harmful components. Neither we nor our partners, providers, pack, commitee, dens or councils warrant that the site will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners, providers, pack, commitee, dens or councils make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the site.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the site is at your discretion and risk and that you will be solely responsible for any damage to your computer, system or loss or data that may result from the downloading of such material and/or data.

No advice or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein.

Violation of TOU

Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.

Modifications

Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.

Applicable Law

The TOU shall be governed by and construed in accordance with the laws of the state of Illinois as it is applied to contracts entered into by residents of the state of Illinois.

This TOU (including the Pack495-org Privacy Statement, incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

Disputes

Any dispute relating in any way to your visit to Pack495-org shall be submitted to confidential arbitration in Illinois, except that, to the extent you have in any manner violated or threatened to violate Pack 495 intellectual property rights, Pack 495 may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Policy for Claims of Infringement of Copyrighted Material

If you believe that material is posted on the Site in a manner than infringes your copyright, please notify us by providing the following information in writing to our Copyright Agent:

• A physical or electronic signature of the owner of the allegedly infringed copyright or such owner's authorized representative.
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
• A description of the material on the Pack495-org site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
• The address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• 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.
• 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 the copyright that is allegedly infringed.