Effective: January 1, 2017
The Site is intended solely for users who are 18 years of age or older who reside in the United States. If you are not located in the United States, or if you are under the age of 18, you are not permitted to use the Site. Any registration by, use of, or access to the Site by anyone located outside of the United States, or anyone under the age of 18, is unauthorized, unlicensed and in violation of this Agreement.
3 ACCOUNT DATA; DONATIONS
3.3 The Company facilitates the processing of donations through DonationPay. Any such donation processing services are subject to DonationPay’s Terms of Service available at https://secure.donationpay.org/portal/#legal (as such Terms of Service may be amended by DonationPay from time to time, collectively the “Payment Processing Terms”). By using the Site and the services offered by the Company, you agree to be bound by any applicable Payment Processing Terms. The Company makes no representation or warranty regarding the performance of any payment processor or its services and will not be responsible for any loss or damage of any sort that results solely from your use of such payment processing services.
4 USE OF SITE MATERIALS
4.1 All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site (the “Materials”) are protected by United States and international copyright law and other intellectual property laws and are owned by the Company or its licensors.
6 OWNERSHIP OF USER CONTENT
- 7 NO RESPONSIBILITY FOR USER CONTENT
7.2 By making User Content available on or through the Site, you represent, warrant, and agree that (i) you have the right to make such User Content available; (ii) the User Content will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; and (iii) the User Content will not violate any applicable law.
- 8 THIRD PARTY SITES / THIRD PARTY BUSINESS DEALINGS
8.1 The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “Third Party Sites”). These links are provided solely as a convenience to you, and do not constitute an endorsement or warranty by the Company of the content or accuracy of any Third Party Sites or of the business practices of such other businesses, entities or individuals. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any Third Party Site. If you visit any Third Party Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should carefully review the privacy statements and other conditions of use on any Third Party Site that you visit. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding such links or the content located on such Third Party Sites.
8.2 Third Party Business Dealings. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
9 PROHIBITED USES
9.1 User Information. You shall not harvest, collect or store information about users or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Site is prohibited.
9.3 Harmful Actions and Content. You shall not: (i) engage in any conduct that restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the Site, regardless of intent, purpose or knowledge; (ii) use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site; (iii) use the Site to transmit or distribute material that may be harmful to or interfere with the Site or any third party’s networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment); (iv) access, via automated or manual means or processes, the Site for purposes of monitoring its availability, performance or functionality or for any competitive purpose; (v) interfere with or disrupt the Site, including but not limited to any servers or networks connected thereto; (vi) post or transmit to or from this Site any unlawful, threatening, harassing, libelous, defamatory, offensive, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that might give rise to any civil or criminal liability, as determined by the Company in its sole and absolute discretion; (vii) engage in or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (viii) post or transmit any commercial content to the Site or use the Site to solicit others to join or do business with or visit any other commercial online service or organization.
9.4 Fraudulent or Misleading Content. You shall not use the Site to impersonate any person or entity, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”). You shall not use the Site to falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, nor shall you express or imply that any statements you make are endorsed by the Company.
10 SITE ACCESS
10.1 The Company reserves the right to change, suspend, remove, or disable access to the Site or any feature thereof, at any time without notice.
10.2 The Company will not be liable for any removal or disabling of access to any portion of the Site, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site, including without limitation any mobile client software.
11 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11.1 THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS OR SERVICES INCLUDED ON THE SITE OR OTHERWISE MADE AVAILABLE BY THE COMPANY ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE MATERIALS, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. THE COMPANY MAY MAKE ANY CHANGES TO THE SITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, OR SERVICES, DESCRIBED ON THE SITE AT ANY TIME WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE SITE OR ANY GOODS OR PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE OR YOUR USE OF THE SITE GENERALLY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL.
11.2 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE.
11.3 CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13 GOVERNING LAW; ARBITRATION
13.2 You and the Company agree that any dispute arising out of or related to this Agreement, the Site, or your use of the Site, and/or any services purchased from the Company or otherwise through or in connection with the Site will be exclusively resolved through binding arbitration pursuant to the then-current rules of ADR Services, Inc. (“ADR”) before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in Los Angeles, California. The arbitrator’s award may be entered in any court of competent jurisdiction.
13.3 THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SITE OR THE SERVICES OFFERED THROUGH THE SITE, AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
13.5 YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor the Company are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act.