All of the content in and on the Website is made available only for your personal, lawful, non-commercial use. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this Website without the Company’s written consent.
The Website and all of its original content are the sole property of the Company. All design and content presented on this Website are fully protected by international copyright and other intellectual property rights laws. All other trademarks and content not owned by the Company that appear on this Website are the property of their respective owners.
Third-party websites, products and data
The Website may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over other websites and resources, you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the policies or such websites and resources. The Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The Company is not a manufacturer or a provider of services or goods for sale (“Products”). Any issues or disputes arising from the purchase of Products should be resolved directly with the seller, provider, or manufacturer of such Products. The Company is dependent on third-party websites, vendors, and affiliate networks for data regarding deals, discounts, available products, commission rates, and commission payouts. The availability, substance, and policies relating to the data is at the discretion of the third-party websites, vendors, and affiliate networks. The Company assumes no responsibility and has no liability regarding third-party websites, vendors, and affiliate networks and their data and policies. The Company reserves the right to filter and screen the data from third-party websites, vendors, and affiliate networks in order to provide a better experience for Website users.
Eligibility of nonprofits
Nonprofit organizations using the Company’s Website must be:
- Registered with the Internal Revenue Service (IRS) under section 501(c)(3) of the Internal Revenue Code;
- Headquartered in the United States; and
- In good standing in their state of organization and in the states where they operate.
The Company does not endorse any nonprofit organizations. We cannot a) verify that the information provided by any organization is accurate, b) confirm that monies received by a nonprofit will be allocated to any specific cause, project, or chapter, or c) confirm whether the use of provided monies is in accordance with any applicable laws. The Company claims no responsibility or liability for the use of monies by nonprofit organizations using the Website.
Disclaimer of warranties
All information, products, content and other materials in and on the Website, accessible from the Website, or in a third-party website are provided “as is” and without warranties or representations of any kind, either express or implied. This means that the Company expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, the Company does not represent or warrant that: (i) the operation of the Website will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Website, any emails sent by the Company, or the server that makes the Website available are free of viruses or other harmful devices; (iv) the Website will be available to you or that you will qualify for products or services offered; (v) the materials in the Website will be accurate as of any particular date; or (vi) the products or services offered through the Website are available outside of the United States. You agree that the Company shall have no responsibility for any damages suffered by you in connection with the Website or any content contained therein. You acknowledge that the Company makes no warranty or representation that confidentiality of information transmitted through this Website will be maintained. No advice or information, whether oral or written, obtained by you from the Company or through or from the Website shall create any warranty not expressly stated in these Terms.
Limitation of liability
The Company shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if the Company has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Website, materials in the Website, or the inability to use the Website; (ii) any third-party website, materials in any third-party website, or the inability to use any third-party website; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of the Company’s gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data. If you are in a jurisdiction that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that the Company’s total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Website.
General prohibitions and enforcement rights
- Use, display, mirror or frame the Website or any individual element within the Website, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- Access, tamper with, or use non-public areas of the Website, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
- Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Website or its content;
- Attempt to access or search the Website or download content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without the Company’s express written consent;
- Use the Website, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information from users of the Website without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol;
- Post or submit any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (iii) material that infringes on any other intellectual property, privacy or publicity right of another; or
- Encourage or enable any other individual to do any of the foregoing.
We have the right to monitor access to or use of the Website and/or to review or edit any content for the purpose of operating the Website to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law provisions. Any dispute concerning these Terms and your use of the Website shall be submitted to confidential binding arbitration in San Mateo County, California for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within San Mateo County, California.
You agree to defend, indemnify and hold the Company and its officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Website, (b) your connection to the Website, (c) your violation of these Terms or (d) your violation of any rights of a third party.
You agree that the Company, in its sole discretion, may terminate these Terms including but not limited to termination of your use of the Website at any time for any reason or no reason. The Company may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms may be effected without prior notice. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Website. Should you object to any terms and conditions of these Terms or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.
If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
If you have any questions about these Terms, you may contact us at [email protected].
Last updated: Oct 28, 2020