TERMS OF USE

---

Updated June 1, 2021

This Web Site's Terms of Use Agreement (the or these “Terms of  Use”) is a binding legal contract between you (“You” either an individual or a legal entity) and San Marcos Trophy, Inc. (“San Marcos Trophy”). The Terms of Service governs your access to and use of  the website offered by San Marcos Trophy including without limitation www.SanMarcosTrophy.com website and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (individually a “Site”).  By downloading, accessing or using any part of this website you have accessed, You will be  bound by the terms of these Terms of Use. If You do not agree to the terms of these Terms of Use, San Marcos Trophy is NOT willing to  grant You any right to use or access the Site. In such event, You are not granted permission to access  or otherwise use the Site and are instructed to exit the Site immediately.

San Marcos Trophy may change, add or remove portions of the Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Use prior to each use of the Site, and by continuing to use the Site, You agree to any changes.

SITE ACCESS AND USE LICENSE.  The Site You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by San Marcos Trophy, its affiliates and licensors. The  Site is licensed to You, not sold. Except for the limited license granted in these Terms of Use, San Marcos Trophy and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights. San Marcos Trophy may change, suspend, or discontinue any aspect of the Site at any time.

GRANT OF LICENSE.  San Marcos Trophy grants You a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial  purposes, conditioned on your continued compliance with the terms of  these Terms of Use.

LIMITATIONS ON LICENSE. The license granted to You in these Terms of Use is restricted as follows:

• Limitations on Copying and Distribution. You  may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that You maintain all copyright, trademark and other notices contained therein. 
• Limitations on Use. You may use and access the Site solely for your personal,  non-commercial use.  All use of the Site must be in accordance with the Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sub-license, or commercially exploit the Site or any contents, information, data or  materials provided through the Site in any manner not expressly permitted by the Terms of Use or the Site. You may not assign, sub-license, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site. You may not: (i) use any “deep link”, “page scrape”,  “robot”,  “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by San Marcos Trophy or to any of the services  offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of San Marcos Trophy or networks connected to the Site, (vi)  use any device, software, or routine to interfere with the  proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix)  market,  co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site without the express, separate and prior written permission of San Marcos Trophy; (x) create an intact reproduction of a page or pages of the Site into another website; or (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact San Marcos Trophy. 
• Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.
• Limitations on Reverse Engineering and Modification.  You may not reverse engineer, de-compile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site.
• Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Site or on any materials accessed  through the Site.
• Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.  

USER OBLIGATIONS.  By downloading, accessing, or using the Site in order to view  information and materials or submit material (as defined below) of any kind, you represent that You: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by San Marcos Trophy; and (iii) are not using another authorized user’s account without their permission. 

YOUR SUBMISSION OF CONTENT.  The Site may contain comment areas, questionnaires, tools, and other interactive features where you can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Site, You warrant that you have all necessary rights to grant, and automatically grant to San Marcos Trophy and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use.  San Marcos Trophy will not be required to  treat any Material as confidential, and you further grant to San Marcos Trophy the right to edit, copy, display, publish and distribute any Material made available via the Site by you, without  compensation to you or any other party submitting the material for you.  Notwithstanding the right and license, by merely permitting your Material to appear on the Site, San Marcos Trophy is not a publisher of such material, and is merely functioning as an intermediary to enable you to provide and display Materials. Moreover, and except as provided in this Terms of Use Statement with respect to the right and ability of San Marcos Trophy to delete or remove Material, San Marcos Trophy does not endorse, oppose, or edit any opinion provided by you or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Material displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Site, You will not post or transmit any of the following:

• Anything that interferes with or disrupts the Site or its operation. 
• Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing. 
• Unauthorized copyrighted materials, or any other Material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others. 
• Materials that encourage criminal conduct or that would give rise to  civil liability or otherwise violate any law or regulation in any  jurisdiction. 
• Materials that harm minors. 
• Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity. 
• Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of an other computer, network, or this Site. 

OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Site, all of which are made a part of this Terms of Use by this reference.  If there is a conflict between this Terms of Use and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the Site.

LINKS TO OTHER SITES.  San Marcos Trophy may provide links, in its sole discretion, to other sites on the World Wide Web. San Marcos Trophy is not responsible for the availability of these outside resources or their contents. San Marcos Trophy expressly disclaims any responsibility for the content,  materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these  third-party sites, or the products or services provided by any third  party.  

LINKS TO THIS SITE.  You may link to this Site provided that you do so in a way that indicates that the link is to the www.SanMarcosTrophy.com website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content. 

PASSWORDS & SECURITY.  Registration by you as an  authorized user for access to certain areas of the Site may require both a user name and a password (“Authorized  User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone  else. You are responsible for maintaining the confidentiality of your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii)  subject to the rights of another person without authorization; (iii) in  violation of the intellectual property rights of another person; or (iv)  that San Marcos Trophy, in its  sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and  account are and shall forever be owned by and inure to the benefit of  San Marcos Trophy. Failure to comply with the foregoing shall constitute a breach of the Terms of Use, which may result in  immediate suspension or termination of your Authorized User Credentials. San Marcos Trophy will not be liable for any loss or damage arising from your failure to comply with these obligations. San Marcos Trophy reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason. 

TERMINATION. The Terms of Use and your license to use the Site will take effect the  moment You install, access, or use the Site and will be in effect until  terminated as set forth  below. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms of Use at any time by ceasing to use the Site. All applicable provisions of the Terms of Use as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in  your possession. The following will survive termination of these Terms of Use for any reason: (i) the General  section below; (ii) the provisions concerning rights in your materials that you have granted to  San Marcos Trophy; (iv) San Marcos Trophy's proprietary rights, indemnity,  disclaimers of warranty, limitation of liability, and governing law.

WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE  RISK AND YOU ASSUME ALL RISK. THE SITE IS  PROVIDED ON AN “AS AVAILABLE,  “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAN MARCOS TROPHY AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.  SAN MARCOS TROPHY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR  REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR  ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU  SPECIFICALLY ACKNOWLEDGE THAT SAN MARCOS TROPHY IS 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.  

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAN MARCOS TROPHY OR ITS SUPPLIERS/LICENSORS  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), OR OTHERWISE, WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SAN MARCOS TROPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF SAN MARCOS TROPHY AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES,  LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING  NEGLIGENCE), OR OTHERWISE IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Some states do not allow the exclusion of incidental  or consequential  damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.   

OTHER DISCLAIMERS.  

• The Site and the information contained herein is provided for informational and educational purposes only, and could  include technical inaccuracies or typographical errors.
• Information on the Site is provided with the understanding that San Marcos Trophy is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual  needs.
• There may be publications that are distributed internationally and may contain references to San Marcos Trophy or services, products, and programs that are not in your country. These  references do not imply that San Marcos Trophy intends to announce or provide programs, products, or services in your country. 
• All questions about San Marcos Trophy's activities in your country should be directed to us through our Contact Us page. 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.  San Marcos Trophy is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged  infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining their prior written consent of the owner of such proprietary rights. It is the policy of San Marcos Trophy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to San Marcos Trophy by the copyright owner or the copyright owner’s legal agent.  

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material  claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The  designated agent of San Marcos Trophy (i.e., the proper party) to whom you should address such notice is listed below. 

If you believe that your work has been copied and posted using the Site  in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following  information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is  allegedly infringed. 
• A description of the copyrighted work that you claim has been infringed. 
• A description of where the material that you claim is infringing is located to permit us to locate the material. 
• Your address, telephone number, and email address. 
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, 
• A statement by you, made under penalty of perjury, that the  information contained in your report is accurate and that you are the  owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.
   

Our designated agent for notice of claims of copyright infringement can be reached as follows:  

By E-Mail: legal@SanMarcosTrophy.com with the subject line “DMCA”
 

By Mail:
San Marcos Trophy, Inc.
Attn: Legal Department
574 E. Mission Rd. Ste. J

San Marcos, CA 92069
 

By Phone:  (760) 744-0171  
  

MONITORING.  San Marcos Trophy has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any material), to determine compliance with these Terms of Use and any operating rules established by San Marcos Trophy and to satisfy any law, regulation or authorized government request. San Marcos Trophy has the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on or within the Site, including, without limitation, the right to remove any material that San Marcos Trophy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.  

INDEMNIFICATION. You agree to indemnify, defend and hold San Marcos Trophy and its affiliates and its and their respective officers,  directors, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site.

PRIVACY POLICY.  You understand, acknowledge, and agree that the operation of certain  programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of various personal  identifying information. Accordingly, if you wish to access and use  those programs, services, tools, materials, or information of the Site,  you acknowledge and agree that your use of the Site will constitute acceptance of the personal  identifying information collection and use practices contained in the Privacy Policy posted on the Site.

TRADEMARK INFORMATION. The black and white trophy emblem and the San Marcos Trophy name are protected trademarks of San Marcos Trophy, Inc. (see  United States  Code, Title 18, Section 706). All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners. 

GENERAL. This Terms of Use is governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and wholly performed within the State of California. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the State of California, County of San Diego and the parties submit to personal jurisdiction of  those courts for purposes of any action or proceeding. These Terms of Use shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms of Use constitutes the entire understanding  and agreement between San Marcos Trophy and You with respect to the Site and any transactions contemplated in these Terms of Use and supersedes all prior or contemporaneous oral or written communications with respect to the  subject matter of the Terms of Use, all of which are merged in the Terms of Use. You may not modify, amend or alter in any way the Terms of Use. In the event any provision of these Terms of  Use is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Service will remain valid and enforceable according to its terms.  Any failure by San Marcos Trophy to strictly enforce any provision of the Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Use. 

IT  IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN  EFFECT.