Last updated: 3 September 2021
If you are a user of the www.b1g1.org site or a donor towards the Worthy Cause projects listed under the B1G1 initiative, the Terms of Service set forth below are applicable to you.If you are a Designated Representative for a B1G1 Giving-approved Worthy Cause, click here to see the Worthy Cause Cooperation Agreement applicable to you.
This document outlines the Terms of Service between you and B1G1 Giving, Inc. This important agreement outlines several standard policies that allow us to run our website for you. If you have any questions about our Terms of Service, please contact us at email@example.com.
This Terms of Service Agreement (the “Agreement“) is between you (“you“) and B1G1 Giving, Inc. (together with our affiliates, service providers, and partners, “B1G1Giving,” “we,” or “us“) and governs your use of the website at www.b1g1.org and any successor website(s) (the “Site“) together with any applications (including but not limited to mobile applications) made available by us from time to time and any ancillary services we provide to you in connection with your use of the Site and other applications (collectively referred to here as the “Services“), including the materials and information posted on the Site or provided with the Services, and the functionality that permits you to make donations or to use any other functionality offered through the Site or our Services.
Please read this Terms of Service Agreement carefully, as it contains important information regarding your legal rights and remedies. By accessing and using the Site or Services, you signify that you have read, understand, acknowledge, and agree to be bound by this Agreement.
1. Definitions. The terms “B1G1 Giving,” “we” or “us” refer to B1G1 Giving, Inc., a US 501(c)(3) charitable organization headquartered at 2528 NE 13th Avenue, Portland, OR 97212, USA, together with our affiliates, service providers, and partners. The term “Worthy Cause” refers to any entity which has been authorized in writing by B1G1 Giving to employ the Site or the Services to solicit financial contributions to their cause. The term “Member” refers to any individual or business entity with a valid, paid membership in the B1G1 Business for Good program, which program is described in detail and made available through the website at www.b1g1.com. The terms “you,” “your” or “Donor” refer to any individual or business entity, including but not limited to a Member, which uses the Site or the Services to make financial contributions to a Worthy Cause.
By making a payment you acknowledge and agree that you are at least eighteen years of age, are legally competent, and that you are entering into a legally binding contract with B1G1 Giving governing your use of the Site and Services, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of a business, agency or other entity, you warrant that you have the legal right to accept this Agreement on behalf of such business, agency or entity and that the business, agency or entity will also be bound by this Agreement.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from B1G1 Giving shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site and Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Additional Terms. You acknowledge that there may be times when B1G1 Giving offers a special feature or service, like a downloadable application, or a special feature or service provided by one of our many partnering organizations, and that these special features may have their own terms and conditions that apply in addition to those set forth in this Agreement. In those cases, the terms specific to the special feature, service or application control, but only to the extent there is a conflict with this Agreement.
4. Amended Terms. We reserve the right, in our sole discretion, to change the terms of this Agreement and issue an Updated Agreement from time to time. You agree that we may notify you of the Updated Agreement by posting it on the Site or Services, and that your use of the Site or Services after the effective date of the Updated Agreement (or engaging in such other conduct as we may reasonably specify therein) constitutes your consent to the Updated Agreement. The Updated Agreement will be effective as of the time of posting, or on such later date as may be specified by its terms, and will apply to your use of the Site or Services from that point forward. This Agreement will govern any disputes arising before the effective date of the Updated Agreement.
5. Improvement, Modification, Suspension, and/or Cancellation. B1G1 Giving reserves the right to modify the Site and Services, and to change, suspend, or discontinue providing all or part of the content or functionality of the Site or Services in its sole discretion, with or without notice. We may shut down the Site or Services for maintenance and development work whenever we deem it necessary. You agree that B1G1 Giving shall not be liable to you or to any third party for any such actions. You acknowledge that you are familiar with the Site and Services functions, and that they are sufficient without modification to meet your requirements. You agree that we have no obligation whatsoever to customize, modify or improve the Site or Services.
7. User Credentials. When you create an account or profile, submit information to us, or make a donation, you may be asked to provide certain personal information, such as your name and contact information, and be given the opportunity to select one or more user names and passwords (collectively, your “User ID”). You represent, acknowledge and agree:
a. To provide accurate and truthful information, and to promptly update this information to reflect any changes;
b. That you have all rights in the information necessary to provide it to B1G1 Giving;
c. That your User ID is for your personal use only and may not be transferred to any third party;
d. That you are exclusively responsible for the security and confidentiality of your User ID, and for all use of the Site or Services that occurs in connection with your User ID, with or without your knowledge;
e. That you are required to completely log out of the Site or Services at the end of each session and to notify B1G1 Giving promptly if you learn of any unauthorized use of your User ID;
f. If you are accepting this Agreement as a representative on behalf of a business, agency or other entity, that you have the rights to submit the registration information on behalf of that business, agency or other entity;
g. That B1G1 Giving will not be liable for any loss or damage arising from your failure to comply with this section; and
h. That any information submitted under your User ID is subject to the “Personal Information” terms specified in Section 6 above.
8. Rules of Conduct. You acknowledge and agree that:
a. Your use of the Site and Services are conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States government laws, rules and regulations restricting the use of funds to facilitate or support terrorism or terrorist organizations or individuals.
b. Any information you provide in connection with your use of the Site or Services must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.
c. You will not, without our express written consent:
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with B1G1 Giving, any element of the Site or Services, including any information or materials made available on or through the Site or Services;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site or Services;
• Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials posted on or originating from the Site;
• Frame or mirror any element of the Site or Services;Systematically download Site or Services content to create a separate database;Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Site or Services content, or reproduce or circumvent their navigational structure or presentation;
• Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site or Services;
• Use the Site or Services to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
d. You will not use the Site or Services to:
• Engage in fraudulent or unlawful activities of any kind;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
• Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that B1G1 Giving or any Site or Service user endorses any statement you make;
• Interfere with or disrupt the operation of the Site or Services or any servers, hardware, or software used in connection with the Site or Services;
• Transfer or copy any protected material, content or information made available through any restricted portion of the Site or Services to any non-restricted portion of the Site or Services or to any public forum;
• Restrict or inhibit any other person from using the Site or Services.
e. You will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site or Services:
• Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent or tortuous; (iv) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by B1G1 Giving in its sole discretion;
• Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
• Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
• Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (i) harm B1G1 Giving or invade, harm, disrupt or hijack the operation of the Site or Services; (ii) mislead or harm any third party; (iii) monitor access to or use of the Site or Services by others;
• Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” communication or solicitation designed or intended to obtain password, account, or private information from any user;
• Any other form of advertising or promotional material, irrespective of its purpose or effect, without the prior written consent of B1G1 Giving; or
• Any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
9. Monitoring. You acknowledge and agree that, in its sole discretion, B1G1 Giving may (but has no obligation to): (i) monitor any user-posted information or content; (ii) post, alter, remove, or refuse to post any user-provided content; and/or (iii) disclose the content of any user-posted information, as well as any other information pertaining thereto or pertaining to the circumstances surrounding the transmission, posting, or use of such information to you or any third party. B1G1 Giving may take such steps, in its sole discretion, to operate the Site or Services; to protect the rights and properties of B1G1 Giving and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other reason or purpose. Without limiting the foregoing, you acknowledge and agree that B1G1 Giving is not responsible for screening, policing, editing or monitoring any such user-posted content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, B1G1 Giving may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site or Services. However, B1G1 Giving cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, B1G1 Giving shall not assume any liability for user-posted content or third-party conduct, communication or information on the Site or Services.
10. Links. From time to time B1G1 Giving may post and/or may permit you, other Site or Services users or third parties to post on the Site or through the Services links to third party sites (“Links“). Such Links are provided subject to Sections 17 and 18 below, and are posted WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that B1G1 Giving does not control or endorse any information, products, or services made available via Links, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links, whether posted or provided by third parties or by B1G1 Giving. B1G1 Giving may remove any Links at any time, for any reason or for no reason.
B1G1 GIVING WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT B1G1 GIVING CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE B1G1 GIVING (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Donations to Worthy Causes; 100% to Worthy Cause. If you use the Site or Services to make a donation to a Worthy Cause, you acknowledge and agree that B1G1 Giving at all times retains control over any donated funds. Under our Worthy Cause Terms and Conditions, each approved charity organization agrees that contributions it receives will be used to provide the specific benefits stated on the Site and Services. Notwithstanding the foregoing, B1G1 Giving expressly disclaims any liability in the event that a designated charity organization fails to deploy any funds received in the manner stated on the Site and Services. When a charity organization that has been listed on the Site or Services is no longer active or approved for further contributions, and if there is any unremitted balance on its account, B1G1 Giving has the right to forward the contributions to an alternative organization, but only after contacting the affected Donors at least once. If there is no alternative organization that could deploy the funds to achieve substantially similar intended benefits, the funds will be refunded to the Donors.
Subject to the foregoing, B1G1 Giving’s policy is intended to ensure that 100 percent of contribution amounts received by us for a designated Worthy Cause will be transmitted to that organization. Specifically, when the accumulated amount of contributions for a Worthy Cause reaches $500 USD (or a higher amount, if requested by a Worthy Cause and agreed to by us), the funds are transferred to the Worthy Cause in the following month (unless a later time is agreed to by the parties), accompanied by a remittance advice with a list of projects to which the funds must be dedicated. Unless special arrangements are made, amounts smaller than $500 USD will be held in our account in order to avoid the high bank charges for small transactions (the bank charges are funded entirely by B1G1 Giving, not by the Worthy Cause). If funds held by us for a Worthy Cause’s account remain below $500 USD for a period of 12 months, then we will take one of the following actions: (a) if the account balance is less than $500 USD, but greater than the cost of the bank transfer, we will remit the amount to the Worthy Cause; (b) if the account balance is less than the cost of the bank transfer, we will close the Worthy Cause’s account, and remit the remaining funds to a selected charity organization. For amounts less than $500 USD which are being held temporarily in our accounts, any interest earned on those amounts is contributed at year-end to a Worthy Cause project selected by the Board of B1G1 Giving.
12. Global Project Donations. Many projects included in the B1G1 portfolio are designed to accomplish the same goals, but in different countries around the world. For example, B1G1-supported projects in multiple countries facilitate the planting of trees, or the provision of clean water. To enable Members to support the broader goal of these projects without limiting their support to specific countries, B1G1 has created what we term Global Projects. Through these Global Projects, B1G1 combines Member donations to a broad goal with donations from other Members, and then distributes the total fund to Worthy Cause projects that address that particular goal. Global Project donations are managed as follows:
a. When a Member contributes to a B1G1Global Project, the donation will be used to support the specified activities which are being managed by multiple B1G1 Worthy Causes around the world. For example, if a Member gives $100 to help plant 100 trees, this amount will be divided up and distributed to a number of projects which will, collectively, plant 100 or more trees in locations in a variety of countries.
b. Members who give to Global Projects cannot specify the country or Worthy Cause to which their contribution should be directed (Members wishing to direct their contributions with more specificity should make the donations to individual Worthy Cause projects, and not to a Global Project). B1G1 will periodically update the projects included in each Global Project, in order to benefit a wide range of B1G1 Worthy Causes.
c. To avoid double counting of impacts, a Global Project contribution made by a Member will only appear as a contribution to B1G1 Giving for the purpose of project activity, although the funds will be later forwarded to the B1G1 Worthy Causes included in the Global Project. The impact of the giving will appear on the Member's Widget without showing specific locations. Hence, giving to a Global Project may not appear on the location-based tracking, such as the Impact Map Widget.
d. The B1G1 Giving Board may, when it deems it necessary or appropriate, change the project mix or cost in any of the Global Projects without prior notice to Members.
13. Donations Using B1G1 Impact Tokens. Most B1G1 Business Members, after deciding how much they wish to donate to one or more Worthy Cause projects, promptly complete the transaction; the funds are transmitted to our accounts at that time, and are held for transfer to the designatedWorthy Cause at the appropriate time, in accordance with these Terms of wever, some Members prefer to donate a specified amount of funds to be held in reserve by B1G1 Giving, with the purpose of deciding on the designation later or permitting various individual employees to designate the funds for delivery to the specific Worthy Cause projects of their choosing. We refer to these prepaid, but still-undesignated donations as B1G1 Impact Tokens. For example, a Business Member might purchase B1G1 Impact Tokens worth the amount of $1,000. The Business Member will immediately receive its customary tax receipt reflecting this donation. Later, the Member may utilize this Token themselves or identify several employees, each of whom is authorized to designate $100 out of this $1,000 fund for specific projects, conducted by specified Worthy Causes, which the employee wishes to support. The following special procedures and requirements are applicable to the use of B1G1 Impact Tokens:
a. Any Business Member may purchase Impact Tokens, in an amount ranging from $100 to $10,000 (or more, on a case-by-case basis, with B1G1 Giving Board approval).
b. Because of the added cost associated with this special donation vehicle, donations taking the form of Impact Tokens will incur a surcharge in the amount of 3.5%. Thus, for example, $1,000 worth of Impact Tokens will require payment of $1,035 at the time of purchase.
c. Impact Token donations – like any other donation to B1G1 Giving –will not be refundable (since the contribution is tax deductible at the time of payment).
d. Impact Token donations will expire 2 years from the date of payment.
• However, the expiry date of the Impact Token will be automatically extended each time the Member tops up their Impact Token account, uses it, or allocates any part of it to team member accounts – i.e., any activity in the Impact Token account extends its expiry for 2 years from that date.
• Reminders for unused Impact Token funds will be sent to the Member at 3 months, 1 month and 7 days before the scheduled expiration date. If an Impact Token nevertheless remains unused for 2 years, it will expire, and the funds will be allocated to one or more projects selected by the B1G1 Giving Board.
e. If a B1G1 Business Member downgrades its B1G1 membership, or if such membership is terminated by us in accordance with these Terms of Service, any undesignated Impact Token funds will be held by B1G1 Giving for an additional 30 calendar days, in order to permit the former Member to allocate the funds to one or more Worthy Cause projects. If any such funds remain undesignated for more than 30 days, they will accrue to B1G1 Giving, and will be allocated to one or more Worthy Cause projects selected by the B1G1 Giving Board.
f. Any interest earned on Impact Token funds held in B1G1 Giving’s bank account will accrue to B1G1 Giving, and will be allocated to one or moreB1G1 projects chosen for this purpose by the B1G1 Giving Board.
g. Because Impact Tokens are not refundable, a Business Member who purchases an Impact Token will immediately receive a receipt reflecting the donation for tax purposes. If the Business Member later designates all or part of its Impact Token account for a specific Worthy Cause project, it will receive a confirmation of that designation. However, the designation of its fund to any specific project will not appear on the Member’s Tax Claim Statement.
h. Impact Tokens are not transferable. If a Business Member allocates a portion of its Impact Token account to one or more of its employees, that employee will be permitted to designate one or more Worthy Cause projects as recipients of the amount specified. However, because the funds are already in the B1G1 Giving accounts, and attributed to the Member (for tax purposes), the designation by the employee is not a "transfer" and will not be treated by B1G1 Giving as a “donation” by the employee, but merely as an allocation or designation by the employee of previously-donated funds. In other words, no tax receipt will be issued on account of the allocation.Employee users who allocate Impact Token funds will, however, receive a notice acknowledging the impact they helped create by choosing the identified project.
14. Grant of License to B1G1 Giving. You will retain ownership rights in content you post in your account or profile and in other places on the Site (each, a “Submission”). Except as provided herein, B1G1 Giving will not re-publish your Submissions outside the Site or Services without your written consent. By posting a Submission, however, you grant B1G1 Giving a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Site and Services and to make them available to users as contemplated hereunder.
For each Submission, you represent and warrant that:
a. You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit B1G1 Giving to grant the necessary licenses to other Site and Services users in accordance with your privacy preferences; and
b. Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.
15. Grant of License by B1G1 Giving. Subject to your compliance with the terms and conditions of this Agreement, B1G1 Giving hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and Services, and to download and print the content and information on or made available through the Site or Services (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or Services, or of their content and information, is strictly prohibited. B1G1 Giving and its licensors reserve all rights not expressly granted in and to the Site and Services and their content and information, and all intellectual property rights therein (including but not limited to the trademarks and service marks on the Site).
16. Proprietary Rights. The Site and Services, and other information or materials made available through or used in connection with the Site and Services, are and shall remain the property of B1G1 Giving and its licensors (including Site or Service users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws; provided, however, that you retain ownership in your Submissions in accordance with Section 12. Except as expressly provided herein or permitted or otherwise authorized in advance by B1G1 Giving in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Site or Services, including without limitation the Site and Services themselves or any Site or Services content, or other materials made available through the Site or Services.
Trade names, trademarks and service marks of B1G1 Giving or its licensors include without limitation, Buy1GIVE1, B1G1, B1G1 Giving, B1G1 Business for Good, and any associated logos. All trademarks and service marks on the Site or Services not owned by B1G1 Giving are the property of their respective owners. The trade names, trademarks and service marks owned by B1G1 Giving, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site or Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of B1G1 Giving’s trade names, trademarks or service marks without our express prior written consent, which we may grant or deny in our sole discretion.
You acknowledge and agree that we shall be the sole and exclusive owner of the Site and Services, all materials in respect of each of them supplied to you, all new versions, improvements, enhancements, additions and modifications to the Site and Services or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Site and Services and such materials, and all tangible media on which the Site and Services and such materials are maintained. You shall have no claim or right whatsoever in respect of the Site or Services except for the limited license to use them granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Site or Services, any materials in respect of them, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted in this Agreement. If you undertake any such prohibited action, your license shall be deemed to have been automatically terminated by such action; if you are also an approved Worthy Cause under our program, we shall also be entitled to immediately terminate your participation in the program.
17. Disclaimer of Warranties. THE SITE AND SERVICES, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR SERVICES, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE SITE OR SERVICES OR OTHERWISE ACCESSED BY YOU, ARE ALL PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. B1G1 GIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROJECTS OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE OR SERVICES; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR ON OR THROUGH ANY LINK, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT WE PROVIDE, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING BUT NOT LIMITED TO CREDIT CARD OR OTHER PERSONAL INFORMATION).
18. Limitation of Liability. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH THE SITE OR SERVICES OR ON OR THROUGH ANY LINK. UNDER NO CIRCUMSTANCES SHALL B1G1 GIVING, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR MISUSE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE OR SERVICES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL. B1G1 GIVING DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED. THE SITE OR SERVICES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE OR SERVICES.
19. Indemnity. You agree to defend, indemnify and hold harmless B1G1 Giving, Inc., together with its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), from and against all claims, losses, damages, liabilities, costs and expenses (including but not limited to attorney’s fees, settlement costs and any other legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of: (a) your use of, or activities in connection with, the Site or Services; (b) any breach of this Agreement by you or anyone acting or purporting to act on your behalf; (c) your violation of any rights of any other person or entity while using the Site or Services; or (d) information provided under your User ID and any information that you or anyone with your User ID submits, posts, or transmits through the Site or Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
20. Termination. This Agreement is effective until terminated. B1G1 Giving, in its sole discretion, may terminate your access to or use of the Site or Services, at any time and for any reason or no reason, including if B1G1 Giving believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site and Services will immediately cease. You agree that any termination of your access to or use of the Site or Services may be effected without prior notice, and that B1G1 Giving may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that B1G1 Giving shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site or Services, nor shall B1G1 Giving have any obligation to make information or files associated with the Site or Services available to you after any such termination.
21. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send B1G1 Giving a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send B1G1 Giving a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: B1G1 Giving, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA.
22. Business Transfers. B1G1 Giving may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
23. Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Oregon, USA, without regards to its principles of conflicts of law. In any action seeking legal or equitable relief arising out of the use of the Site or Services or these Terms of Service, you agree to exclusive jurisdiction by the federal and state courts located in the State of Oregon, and waive any jurisdictional, venue or inconvenient forum objections to such courts. For the exclusive benefit of B1G1 Giving, you agree that B1G1 Giving retains the right to bring proceedings arising out of the use of the Site or Services or these Terms of Service in the courts of the country of your residence or, if you are a business, agency or other legal entity, in the country of your principal place of business. You agree that any cause of action you may have arising out of or related to this Agreement or the Site or Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
B1G1 Giving does not represent or warrant that the Site, the Services, or any elements thereof are appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site or Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Site or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits on any individual, entity or organization.
24. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and B1G1 Giving. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and B1G1 Giving relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and B1G1 Giving relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. B1G1 Giving will not be responsible for failures to fulfill any obligations due to causes beyond its control.
25. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.