Website Terms of Service
2. Charitable Donations
User may make charitable donations on the Site using User’s credit card or any other payment method available on the Site. If User chooses to make such a donation, the donation will not be refunded or returned to User for any reason. At Project’s discretion, User may be eligible to enter a sweepstakes or other contest in connection with User’s making a charitable donation on the Site. Any such sweepstakes or other contest will be subject to the rules applicable thereto as set forth on the Site.
All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively “Content”) belongs to, or is licensed by, Project, unless stated otherwise in writing by Project. User may access and use any Content solely in connection with User’s authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) Project, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.
5. Third-Party Vendors
Project may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a “Third-Party Vendor”), and Project will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor’s products, services or content. A Third-Party Vendor may impose additional terms upon User’s use of such products, services and content, and User will be bound by such terms.
6. User’s Responsibilities
User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User’s obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) promptly reporting to Project in writing any defect or error in, shortcoming of, and other problem with, the Site, (f) User’s compliance with all applicable law in connection with all matters for which User is responsible hereunder and User’s use of the Site, and (g) obtaining from any third party any required approval, authorization, consent, license, permission and permit to use the Site as contemplated herein.
7. Right to Monitor
Project may monitor User’s use of the Site to confirm that User is complying with User’s obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that Project has no obligation to do so and any such monitoring will be at Project’s sole discretion. Project will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.
8. Third-Party Sites
The Site may contain links to, or may be accessible through links on, other websites that are not maintained by Project. Project is not responsible for any content contained on, or otherwise with respect to, such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship or recommendation by Project of such other website and links are provided only for User’s convenience. Project will have no responsibility or liability to User arising from any link between the Site and another website.
User shall indemnify, defend and hold harmless Project from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to Project) resulting from, or relating to, (a) User’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any products, services or content of Third-Party Vendors, or (e) except to the extent Project is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by User or any third party in reliance on the Site or any other use of the Site.
10. Warranty Disclaimer
THE SITE IS MADE AVAILABLE TO USER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, PROJECT DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.
11. Limitation of Liability
PROJECT WILL IN NO CASE BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY PROJECT, IN NO EVENT WILL ANY LIABILITY OF PROJECT WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER OR (B) $1,000. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY PROJECT, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
Project may revise any provision of this Agreement from time to time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in Project’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this Agreement on the Site for revisions to this Agreement. Any other revision to this Agreement must be in a writing signed by Project and User.
User must send notices to Project relating to the Site or this Agreement at email@example.com. Any such notice will be effective upon actual receipt by Project. Project may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice from Project will be effective (a) immediately upon Project’s sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after Project’s sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User’s entering the Site after such notice is posted on the Site.
No failure of Project to exercise, and no delay by Project in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Project, and specifically referring to each such right or remedy being waived.
17. Equitable Remedies
User acknowledges that a remedy at law will be inadequate if User violates any provision of Section 4, 6, 7, 14, 15, 17, 18, or 19, and if Project reasonably believes User has violated any such provision, User consents to Project’s obtaining from a court having jurisdiction an injunction, a restraining order, specific performance or other equitable remedy against User. The right of Project to obtain any such equitable remedy shall be in addition to, and not in lieu of, each other right or remedy available to Project under this Agreement or any applicable law.
18. Third-Party Beneficiaries
There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.
User represents and warrants to Project that User (1) has carefully read this Agreement, (2) is entering into this Agreement on User’s own behalf, and (3) has sufficient capacity to enter into this Agreement.
Effective Date: March 1, 2018