Terms of Service
These terms of service (the "Terms of Service" or "TOS") are a legal agreement between you and Give Good Deeds, LLC ("GGD," "we," "us," or "our"). These TOS specify the terms under which you may access and use our websites located at givegooddeeds.com, brand.givegooddeeds.com, nonprofit.givegooddeeds.com, (the "Websites"), our mobile application ("App"), and any other websites or mobile applications that are branded "GGD" and link to these TOS (collectively, the "Digital Properties"), and purchase or use services we may offer from time to time ("Services").
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT, JURY WAIVER, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Account Registration
These TOS apply to Visitors to the public areas of the Digital Properties, and registered users of our Services ("Donors"). If you wish to register as a Donor, you will be prompted to create an account ("Account"), and you will be required to provide Account information including your email address and password ("Login Credentials"). We will also request additional information, including your name and phone number, to assist in authenticating your identity ("Unique Identifiers"). We will use your phone number to send you a verification code to complete registration for your Account. When creating your Account, you must provide true, accurate, current, and complete information. Login Credentials can be used by only one user. You are solely responsible for the confidentiality and use of your Login Credentials and Unique Identifiers, as well as for any use, misuse, or communications entered through the Digital Properties or Services using your Account. You will promptly inform us of any need to deactivate a Login Credentials change any Unique Identifier. We reserve the right to delete or change your Login Credentials at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. GGD is under no obligation to accept any individual or entity as a Donor, and may accept or reject any registrations in our sole and complete discretion. We will not be liable for any loss or damage caused by any unauthorized use of your Account.
2. Usage Rights and Restrictions
Subject to the terms and conditions of this Agreement, GGD grants you a limited, non-transferable, non-exclusive, license to access the Digital Properties and, upon registration, to use the Services for your personal use, and no other use is permitted without the prior written consent of GGD. GGD may terminate this license at any time for any reason, including, but not limited to, for violation any of the restrictions provided in the TOS. When accessing or using the Digital Properties and the Services, you agree that:
You will comply with all applicable laws in your use of the Digital Properties and the Services, and will not use them for any unlawful purpose;
You will not sell, transfer, assign, license, sublicense, or modify the Content (defined below), Services or Digital Properties, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content, Services, or Digital Properties in any way for any public or commercial purpose;
You will not access or use the Services or Digital Properties to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Digital Properties through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Digital Properties;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Digital Properties;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Digital Properties;
You will not use any robot, spider, scraper, or other automated means to access the Digital Properties for any purpose without our express, written permission; provided, however, that we may grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not introduce, post, or upload to the Digital Properties or the Services any Harmful Code. As used herein, "Harmful Code" means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, "Trojan horses," "viruses," "worms," "time bombs," "time locks," "devices," "traps," "access codes," or "drop dead" or "trap door" devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Digital Properties or the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Digital Properties or the Services; and You are 13 years or older; if you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it, and if you are under the age of 13, you may use the Services only with the consent of your parent or guardian.
3. Cash Back; Charitable Donations
3.1 Cash Back.
Participation in this program and the opportunity to earn Cash Back is offered at the sole discretion of GGD and is subject to your compliance with this Agreement.
Depending on applicable federal, state, and local tax laws, the distribution of Cash Back to you may be subject to taxes. You will be solely responsible for any tax liability arising out of your Cash Back and you agree to provide GGD with information GGD requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by GGD as a result of your action or inaction in connection with the foregoing (including your failure to provide GGD with information). You agree that GGD is authorized to offset such tax liability from your Cash Back.
The determination of whether purchase of a Brand Product through the Digital Properties qualifies for Cash Back is at the sole discretion of GGD. If a Brand fails to report a transaction to GGD or fails to make payment to GGD for any reason, GGD reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Payment Platform Account balance is accurate. If you believe that Cash Back has not been correctly credited to your Payment Platform Account, you must contact GGD at [email protected] within sixty (60) days of the transaction. GGD, in its sole discretion, may deduct Cash Back from your Payment Platform Account to make adjustments for returns and cancellations with respect to purchases made through the Cash Back program. Any such adjustments will be made in accordance with this Agreement, the Brand’s terms, and any applicable laws, rules and regulations. GGD also reserves the right to make Payment Platform Account adjustments for any Cash Back that GGD, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with this Agreement or any other applicable law or regulation. GGD’s decisions are final.
3.2 Charitable Donations.
If you purchase a Brand product through our Digital Properties and receive Cash Back, 25% or more of the Cash Back must be donated to a 501(c)(3) organization that has registered with and been approved by GGD ("Nonprofit"). You can choose to make your Cash Back donation ("Cash Back Donation") to any Nonprofit we have approved and listed for you. You may also request to make your Cash Back Donation to a Nonprofit not listed by us. If your chosen Nonprofit is not on our list, we will first need to verify the Nonprofit with GuideStar. We reserve the right to refuse to send the Cash Back Donation to any nonprofit that is not on our list, even if it has been verified by GuideStar. We will not permit Cash Back Donations to be made to any nonprofits that operate as a hate group such as those listed by the Southern Poverty Law Center. If we approve a proposed Nonprofit, the Nonprofit will need to register with us before they can receive any Cash Back Donations.
4. Payment Account
5. Intellectual Property
The Digital Properties contain materials, such as software, text, graphics, images, sound recordings, and other materials provided by or on behalf of GGD (collectively referred to as the "Content"). Except as expressly provided in this Agreement, GGD and/or our licensors exclusively own all right, title, and interest in and to the Digital Properties and the Content, including all associated intellectual property rights. The Digital Properties and the Content are protected under both United States and foreign laws. Unauthorized use of the Digital Properties or the Content may violate copyright, trademark, and other laws.
You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Digital Properties or the Content. We reserve the right to remove Content from our Digital Properties at our discretion at any time, for any reason, without any notice to you.
If you violate any part of this Agreement, your permission to access the Digital Properties, the Services, and the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of GGD (the "GGD Trademarks") used and displayed on the Digital Properties are owned by GGD. Other company, product, and service names located on the Digital Properties may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with GGD Trademarks, the "Trademarks"). Nothing on the Digital Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of GGD Trademarks inures to our benefit.
Elements of the Digital Properties are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. Brand and Merchant Policies
Any purchase of Brand products and services is governed by and subject to the applicable exchange, return, and shipping policies of the Brand and/or the Merchant, as applicable. You agree that GGD is not an agent of any Brand or Merchant. The Brands and Merchants operate independently and are not under our control. Any purchase, offer, participation in a promotion, or correspondence with any Brand or Merchant is solely between you and that Brand or Merchant, and we disclaim all liability or responsibility for any such interaction and correspondence. GGD is not responsible for changes to, or discontinuance of, any Brand or any Brand’s participation in our Cash Back Program, or the availability of any Brand at a Merchant. Any disagreement, complaint, or dispute with a Brand or Merchant should be brought directly to and against the Brand or Merchant, as applicable, and not GGD.
7. Communications with Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use and disclose any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
8. No Warranties; Limitation of Liability
THE DIGITAL PROPERTIES, THE SERVICES, AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE DIGITAL PROPERTIES, THE SERVICES OR CONTENT WILL BE ACCURATE, OR OPERATE ERROR-FREE OR THAT THE DIGITAL PROPERTIES, THEIR SERVERS, THE SERVICES, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
YOU UNDERSTAND THAT GGD DOES NOT MANUFACTURE, STORE, OR INSPECT ANY OF THE PRODUCTS SOLD OR OFFERED FOR PLACEMENT BY BRANDS THROUGH OUR DIGITAL PROPERTIES OR SERVICES. THE PRODUCTS ARE PRODUCED, LISTED, SOLD, AND OFFERED DIRECTLY BY BRANDS AND/OR MERCHANTS, AND, ACCORDINGLY, GGD CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR EVEN THEIR LEGALITY. AS A PURCHASER OF PRODUCTS FROM BRANDS OR MERCHANTS, ANY LEGAL CLAIM RELATED TO A PRODUCT YOU PURCHASE FROM A BRAND OR MERCHANT THROUGH THE DIGITAL PROPERTIES OR SERVICES MUST BE BROUGHT DIRECTLY AGAINST THE BRAND OR MERCHANT THAT SOLD YOU THE PRODUCT. YOU HEREBY RELEASE GGD FROM ANY CLAIMS RELATED TO PRODUCTS PROVIDED BY BRANDS OR MERCHANTS, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY BRANDS OR MERCHANTS, OR ITEMS THAT CAUSED PHYSICAL INJURY (PRODUCT LIABILITY CLAIMS).
THE DIGITAL PROPERTIES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE DIGITAL PROPERTIES, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE DIGITAL PROPERTIES, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO FIFTY US DOLLARS (\$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
9. External Sites
The Digital Properties may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Services, or the Digital Properties; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. Compliance with Applicable Laws
The Digital Properties and Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Digital Properties, Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. Changes to the Agreement
These TOS are effective as of the last updated date stated at the top. We may change these TOS from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Digital Properties or Services after we make any such changes to these TOS, you are deemed to have accepted such changes. Please refer back to these TOS on a regular basis.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement, the Digital Properties, and the Services, and your access to all or any part of the Digital Properties and Services, at any time and for any reason without prior notice or liability. Sections 5-17, 19 shall survive the termination of this Agreement.
14. Controlling Law
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
15. Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, the Digital Properties, or the Services (each, a "Dispute"), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 17 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
16. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. All such claims or disputes arising out of or in connection with this Agreement shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of New York.
18. Downloading the App
We make the App available through the Google Play Merchant or Apple App Merchant. The following terms apply to the App when accessed through or downloaded from the Apple App Merchant where the App may now, or in the future, be made available. You acknowledge and agree that:
These TOS are between you and GGD, and not with Apple, and GGD (not Apple), is solely responsible for the App.
Apple has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GGD.
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, GGD will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
Apple and its affiliates are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third party terms of service when using the App.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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