Welcome, and thank you for visiting the Joey Bradford Disability Assistance Foundation's website. The Joey Bradford Disability Assistance Fund ("JBDAF") is happy to provide this website along with the services and information available in it as part of our mission to help Professional BMX racers and BMX Racing Industry employees who are affected by injury and illness.

 

 

Please read the Terms of Use carefully. From time to time and at its sole discretion, JBDAF reserves the right to change these Terms of Use for any reason, with or without notice to you. However, if the Terms of Use change, we will always post the revised Terms of Use on this Website, which means that the then-current Terms of Use posted on this Website will always be government Terms of Use. We encourage you to review the Terms of Use regularly for any changes. Your continued use of this Website will mean acceptance of any changed we make to the Terms of Use.

 

This Website is offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. If you do not agree to the Terms of Use, please do not use this Website or any other Site and exit from this Website immediately. By using this Website (including the use of any of the information, content or services available via this Website), you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use.

 

Each of the policies and other special terms and conditions referenced in these Terms of Use are hereby incorporation herein as if fully rewritten in these Terms of Use. These Terms of Use constitute the entire understanding and agreement between you and JBDAF with respect to this website, and our provision and your use of same.

 

 

JBDAF is the sole owner of this website. If you have any questions about our website terms of use and policies, you may email us or write to:

By email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

By conventional mail: Joey Bradford Disability Assistance Foundation

Attn: Website Legal Policy

37 Encina Ave

Monterey, CA 93940

 

 

Although JBDAF makes reasonable efforts to ensure that the information provided through this Website is current and accurate, JBDAF makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of such information, and JBDAF makes no commitment and disclaims any duty to update such information. For further explanation regarding the information provided through this Website, please review our Disclaimer on Information and Advice below. In addition, JBDAF permits third parties to provide testimonials and information and, in certain situations, create personal homepages for fund raising purposes. JBDAF also may, from time to time, post articles and other information provided by third parties that we believe might be or benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of the JBDAF or endorsed by JBDAF. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

 

 

The goal of the Sites is to provide information and help injured and sick people, whose sole monetary income comes from BMX Racing in an effort to educate them and enable them to more effectively advocate for themselves to participate in making decisions with their health care team and other professionals. It is not intended nor should it be construed as providing professional medical, financial or legal advice. The Sites and the information contained on the Sites are not replacement for obtaining professional medical care or professional legal and financial advice. You should consult a trained medical professional for consultation, diagnosis and treatment of any topic covered on the Sites. You should consult a trained legal or financial professional for any document covering these topics.

 

The Sites are intended for personal use by individuals coping with and/or recovering from injury or sickness, those supporting friends and loved ones with injury or sickness. You agree not to provide any personal information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for your child.

 

 

This website (including without limitation, the information, content, or services provided on this Website, and the design and layout of this Website) is produced by copyright, trademark and other proprietary and intellectual property rights of JBDAF or third parties. Except as expressly permitted herein, no portion of this Website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from JBDAF.

 

JBDAF names and logos, trade dress, and all related product and service names, design marks and slogans (including "Joey Bradford Disability Assistance Fund") are trademarks or service marks of JBDAF ("JBDAF Marks"). While we understand that you may not intend to cause any harm by using our protected JBDAF Marks, your use of any of the JBDAF Marks may suggest a relationship or sponsorship of your organization that simply does not exist with JBDAF. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduct any of the JBDAF Marks without out express, prior written consent.

 

JBDAF hereby grants you a non-exclusive and non-transferable license to view and print information, documents and web pages located on this Website for non-commercial or education use within your organization only.

 

      a. The material may only be used for non-commercial purposes;

      b. The copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original material;

      c. The products, technology or processes described on this Website may be the subject of other intellectual property rights reserved by JBDAF or by other third parties. No license is granted in respect of those intellectual property rights; and

      d. Notwithstanding anything to the contrary in these Terms of Use, all photos, images, and personal testimonies on this site are not subject to the license granted herein and may not be copies, reproduced or appropriated in any manner without express, written permission of JBDAF.

 

Except as set forth above or otherwise expressly permitted, (i) the documents, information, content, pictures, images, HTML code, and web pages on this Website may not be copies, reproduced, republished, retransmitted, sold, modified, used, or exploited in any other way, and (ii) nothing contained herein shall be construed as conferring by implication, stopple or other side, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of JBDAF or of any third party.

 

You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this agreement and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of this Website.

 

 

You may use this Website for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from using on this Website, from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, or (iii) content that is used in a manner that is contrary to JBDAF public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, "Objectionable Material"), in each case, as determined by JBDAF in its sole and absolute discretion. JBDAF reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.

 

Any information submitted or communicated to JBDAF through use of this Website that does not include personal information or date about you is non-confidential and non-proprietary, and JBDAF may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. JBDAF is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you. With the exception of any information posted on a Personal Homepage or used in connection with a Video (which is governed by the Service Terms and Conditions).

 

You hereby agree that you will hold indemnify, defend, and hold harmless JBDAF and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.

 

 

While accessing and using this Website or another Site, you may be provided certain services such as website development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal web page (a "Personal Homepage"), or the ability and create unique videos using JBDAF-provided content and music as well as your own personal pictures ("Videos").

 

 

All merchandise purchased from JBDAF on this Website is subject to JBDAF's standard Sales Terms and Conditions, which contain certain warranty and liability limitations. JBDAF is not obligated to accept any returns or exchanges of merchandise purchased from JBDAF on this Website.

 

 

This Website contains general information and may contain errors, omissions and inaccuracies. JBDAF assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. JBDAF may make modifications and/or changes to this Website at any time without notice.

 

THIS WEBSITE IS PROVIDES "AS IS" AND "AS AVAILABLE" AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. JBDAF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. JBDAF HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.

 

IN NO EVENT SHALL JBDAF BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

 

Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequently damages, so the above limitation or exclusion of liability may not apply to you.

 

 

This Website may refer to, or provide hyperlinks to the web page of, other individuals, companies, entitles, organizations, products or services. These references and links (collectively, "links") are supplies to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by JBDAF of such individuals, companies, entities or organizations, products or services.

 

Links to this Website are permitted only in accordance with, and are subject to, our Linking Policy. With limiting the foregoing, links to this Website may nonetheless be provided from other sites either known or unknown to JBDAF, and some links to this Website may be unauthorized. Please note that accessing any other website linked to or from this Website is done at your own risk. JBDAF has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. JBDAF is not responsible for the information, materials, or content contained at any website linked to or from this Website.

 

 

With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this Website or otherwise uploaded onto any of our Site's servers or provided to JBDAF through our Sites ("Your Property"), you hereby grant to JBDAF and its affiliated, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of JBDAF, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, "likeness") in connection with our use of Your Property; and (c) identify you as the source of the Likeness.

 

You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by JBDAF of the rights granted to JBDAF above.

 

The rights and licenses granted by you with respect to Your Property shall service the expiration or termination of these Terms of Use for any reason.

 

 

These Terms of Use constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed servered from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, service the expiration or earlier termination of these Terms of Use or this Website, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or this Website, including without limitation, any provisions regarding indemnification of JBDAF, intellectual property ownership, the disclaimer of any warranties by JBDAF, or the limitation of JBDAF's liability.

 

Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

 

Unless expressly set forth other side, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, and law, in equity, or otherwise.

 

 

Access to this Website and any and all information, content and services available via this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.

 

This website is controlled by JBDAF, which is headquarter in Monterey, California, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of California, by accessing this Website, you agree that the statues and laws of the State of California, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Website, or any information, content or services available via this Website, any information, content or services available via this website, these Terms of Use, or any other terms or conditions governing this website cannot be amicably settles through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Monterey, California as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) y ou are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.