• TERMS AND CONDITIONS

    I. PLEASE READ TERMS OF USE BEFORE USING SITE

    Please read the following terms of use contained herein (collectively, the “Terms of Use”) before using this site. If you do not agree with these Terms of Use, please do not use this site. By using this site, you are agreeing to the Terms of Use incorporated herein. This is true whether or not you are a registered user of this site. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. The changes will be effective upon their posting to the Living the Dream Foundation (“LTDF”) website. Your continued use of this site after terms are changed (including the Privacy Policy) will constitute your acceptance of such changes.

    II. PRIVACY POLICY

    Please read our Privacy Policy as well before using this site. If you do not agree with the Privacy Policy, please do not use this site. By using this site, you are agreeing to LTDF’s Privacy Policy.

    III. USE OF MATERIALS; RESTRICTIONS

    This website and the content on the website, including, but not limited to, images, illustrations, articles, postings are the property of LTDF. The website and content are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by LTDF and by copyright law, trademark law, and other intellectual property laws. You may not reproduce, republish, upload, post, or distribute in any way any content from this site or any other site owned and operated by LTDF without the prior written approval of LTDF. You may not use any data mining, robots, or other data gathering methods. Nothing in these Terms of Use shall be interpreted as granting a license of intellectual property rights to you, the user. Any use of the materials on this website in a manner contrary to the above stated manner constitutes an infringement of LTDF’s copyrights.

    IV. TRADEMARKS

    LTDF and its related names and logos are all trademarks and/or trade names owned or licensed by LTDF and are protected by copyright, trademark, or patent law. Other trademarks and/or trade names not specifically listed here, but which are associated with LTDF, are protected by law as well. Any unauthorized use of these trademarks and trade names is strictly prohibited. All content on the website is a collective work under the United States and other copyright laws and is the property of LTDF. LTDF will take any and all necessary legal action to enforce its intellectual property rights.

    V. LIVING THE DREAM EVENT SIGN-UP/PARTICIPATION

    In consideration for electing to sign up and/or participate in any Living the Dream Foundation event and/or any other events and activities related to that participation (collectively, the “Event”), the participant and his/her parent(s) and/or guardian(s) (collectively, the “Participant”) acknowledge and agree as follows: 1. Participation in or attendance at an Event may involve inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from the Participant’s own actions or inactions, the actions or inactions of others, the condition of the facilities, and/or the condition of the equipment used in the Event. Further, there may be other risks not known to Participant and not reasonably foreseeable at the time Participant elects to sign up or participate in the Event. Participant acknowledges and agrees that he or she has considered the nature and extent of the risks involved and voluntarily chooses to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assumes full responsibility for his or her participation in an Event and all activities associated with the Event. Participant further consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, the Participant requires medical care. 2. Participant understands that as part of an Event, the LTDF may provide Participant with the opportunity to be present at a live music or other entertainment event, including the backstage area. Participant further understands that the Released Parties are in no way responsible or liable for any conduct or occurrences which may take place at the live music or entertainment event. Participant hereby assumes all risks of participating in the Event, including but not limited to any dangerous conditions which may be associated with a live music or entertainment Event, and any risks that may arise from the negligence or carelessness on the part of the Released Parties from dangerous conditions and/or dangerous or defective property associated with the Event. 3. Participant understands that an Event may be photographed, videotaped, or otherwise recorded, and agrees that LTDF owns the rights to any photographs, videos, audio recordings, images, and other media taken at the Event and may use Participant’s name, image, voice and likeness (in any form and without regard to distortions of character, form or color, or any other alteration) in photographs, videotapes, audiotapes, and other media, in perpetuity and without any additional consideration to Participant or to any third party. Participant acknowledges that after such disclosure, publication and/or broadcast above LTDF shall have no further control over such information which will then be deemed to be legitimately within the public domain and the Participant (if presently unaware of his/her physical and/or medical condition) may learn the details thereof through third parties. 4. Participant, for himself/herself and on behalf of his/her heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless all LTDF sponsors, the subsidiaries, affiliates, officers, directors, shareholders, employees, agents and representatives of those entities, the successors, assigns, and insurers of those entities, and any other, sponsors, advertisers, owners, artists, record labels, booking agents, venues and management firms or lessors of premises used in connection with the Event, (collectively, the “Released Parties”), with respect to any and all claims or causes of action Participant may have including, but not limited to damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law. 5. In the event of any dispute between Participant and any of the Released Parties, such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Orange County, CA unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction 6. Participant warrants to LTDF that he/she (a) has made (and will continue to make) full disclosure to LTDF and to such medical practitioner of all information relevant to the health and condition of the Participant which would affect a prudent person’s willingness to undertake the dream or the manner in which it is execute; (b) has received their own medical advice from a consultant confirming that the Participant should not be prevented from enjoying or taking part in the Event; (c) will comply strictly with all medical received concerning the Participant and in particular with regard to the execution of the Event and will inform LTDF in writing thereof promptly on receiving such advise; and (d) has not been given and do not and will not rely to any extent at all upon any information or advice given to them by LTDF and/or the Released Parties. 7. Participant hereby authorize LTDF to communicate with a consultant or any other medical practitioner/social worker responsible for the care of the Participant and hereby provide their authority to the consultant and to all medical practitioners responsible for the care of the Participant to provide (at the request of LTDF) information and opinions concerning the health of the Participant with regard to the suitability of the dream for the Participant. 8. Participant acknowledges that he/she has had full opportunity and has been recommended to take independent expert financial and/or legal advice upon the terms of this Release and its consequences.

    VI. THIRD PARTY PRODUCTS AND SERVICES

    LTDF’s website may at times be linked to other sites. LTDF is not responsible for the content of any sites that may be linked to LTDF’s website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. Any other site accessed from LTDF’s website is wholly independent from LTDF. Further, a link to any other site on LTDF’s site is not meant to signify approval by LTDF of the third party site. The third party links are provided for the convenience of the user. You, the user, access third party websites and content at your own risk. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

    VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    This website and all content included are provided without warranty of any kind, express or implied. LTDF disclaims any and all warranties, express or implied, including without limitation, warranties on merchantability, fitness, and non-infringement. If you, the user, rely on this website or any of its content, products, or services, you do so at your own risk. LTDF does not warrant that the site will operate error-free, or that it will be maintained free of viruses or other harmful code. LTDF does not warrant that the content on the website is up to date or accurate. The foregoing should be enforceable to the maximum extent permitted by law. LTDF is not and will not be liable to you for any damages whatsoever relating to your use of the website, or any product, service, or event linked to the website. You agree to the assumption of risk relating to your use of LTDF’s website. Further, you agree to the assumption of risk relating to your participation in any event and/or activity promoted by LTDF and/or LTDF’s website. IN NO EVENT SHALL LTDF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SERVICES, OR THE DELIVERABLES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LTDF HAVE LIABILITY IN THE AGGREGATE UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT PAID OR PAYABLE BY CLIENT TO LTDF AND/OR THIRD PARTY SUPPLIER UNDER THIS AGREEMENT.

    VIII. WORLD-WIDE APPLICABILITIES AND LAWS

    This website is presented by LTDF from within the United States. LTDF makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use this website. IX. JURISDICTION AND VENUE You agree that any legal action brought against LTDF shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the LTDF sites shall be an appropriate federal or state court located in California.

    X. PHYSICAL ACTIVITY NOTICE

    This website may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. LTDF is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of this website.

    XI. PRODUCT ORDERS

    All orders placed through the website are subject to LTDF's acceptance. This means that LTDF may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, LTDF will issue you a refund.

    XII. SEVERABILITY

    If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.