Welcome to the network of services provided by Givewith LLC, its affiliates and subsidiaries (collectively, "Givewith," "we," and "us"). We connect businesses with our network of nonprofit organizations ("NPOs") to enhance business performance through the completion of social impact projects with funds generated by advertising and other campaigns as well as business to business transactions (our "Services").
2. Acceptance of these Terms. By using our website, you accept and agree to be bound and abide by these Terms. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
3. Intellectual Property Rights. We, or our licensors, own the content, features, and functionality of our website (including associated software and text, image, video, and audio content) as well as the trademarks and logos displayed on the website (collectively, "Website Content"). Website Content is protected by copyright law, trademark law, and other intellectual property law, as applicable. We grant you permission to access our website and Website Content for personal, non-commercial purposes only. We also give you permission to link to our website, provided the links comply with applicable law, do not alter our Website Content, and do not imply that our website (or Website Content) is owned or controlled by anyone other than Givewith. We do not, and you may not imply that we do, endorse your use or linking to the website or Website Content. Other than the permission to access and create links to our website (as specified immediately above), you have no right, license, or permission with respect to our website or Website Content.
4. Acceptable Use Policy (the "AUP"). We work to foster a community of users for our website and Website Content, and believe that the success of the social impact programs undertaken by our clients and NPOs should be accessible and well publicized to all. To support this community, and in addition to our other terms, we require our users to comply with the following AUP. Accordingly, you hereby agree that you will not: Use the website or Website Content in a manner that would disable, overburden, or impair our website, or that would interfere with the use and enjoyment of the website by others; Infringe the intellectual property rights of Givewith, our licensors, or others in connection with your use of the website or Website Content; Use our website for any purpose that is unlawful or violates the rights of others (including the privacy rights of others); Introduce to, or propagate through, our website any malware, viruses, or other malicious code; or Obtain or seek to obtain access to website resources or Website Content through any means not intentionally made available through the website, such as through hacking, scraping, or password mining. Unless otherwise expressly set out herein, you may not accumulate or index, directly or indirectly, any Website Content or portion of the website for any purpose whatsoever.
Without prejudice to our other rights and remedies, we reserve the right to deny access to users who do not comply with these Terms or who, in our judgement, are likely to fail to comply with these Terms.
5. Disclaimers; Liability Limitations. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW) WITH RESPECT TO THE WEBSITE AND WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL GIVEWITH, ITS AFFILIATES, ITS LICENSORS, OR ITS SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR WEBSITE CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
6. Indemnification. You agree to indemnify and defend us (and our affiliates, licensors, and service providers) from claims, judgments, losses, costs and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms.
7. Links to Third Party Content. Our website might contain links to other third party applications, websites, or other content (the "Third Party Content"). Third Party Content is not under our control and we are not responsible for it. We make Third Party Content available to you only as a convenience, and the inclusion of a link to Third Party Content does not imply our endorsement of the Third Party Content.
9. Governing Law; Venue; Waiver. All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
10. Arbitration. You and Givewith agree to submit any disputes arising under these Terms or relating to your use of the website to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying New York law. Any arbitration shall take place in New York, NY. There shall be no authority for any claims to be arbitrated on a class or representative basis. The arbitrator is authorized to decide only your and/or our individual claims; and he or she shall not consolidate or join the claims of other persons or parties who may be similarly situated.
11. Waiver and Severability. No waiver by Givewith of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Givewith to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12. Changes to the Terms. We may revise and update these Terms from time to time. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.
13.Effective Date. These Terms are effective as of April 29, 2019.
14. Copyright and Legal Notice. Copyright © 2020 Givewith LLC. All Rights Reserved.