TERMS AND CONDITIONS POLICY
This Terms and Conditions Policy (“Terms”) governs your use of the website and the services it provides. By clicking “accept” you are accepting the Terms and agree to be bound by the Terms. If you are using the website on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
One Greatful America, Inc., (herein referred to as “we”, “our”, “us”, “it” or other derivation thereof) reserves the right to change or modify any of the Terms contained herein at any time and in its sole discretion. Any changes or modifications to the Terms will take effect immediately upon posting of the revisions on the website. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of the website following the posting of changes or modifications will confirm your acceptance to the changes or modifications. Therefore, you should frequently review the Terms to understand the terms and conditions that apply to your use of the website and the services it provides. If you do not agree with the amended terms, you must stop using the website.
USER CONTENT AND INTERACTIVE SERVICES OR AREAS
The website and the services provided thereby may include interactive areas or services (“Interactive Areas”), such as forums, blogs, videos, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the website (“User Content”). You are solely responsible for your use of such Interactive Areas, and you agree to use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the website any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, advertising, or solicitations;
- Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive, or destructive files;
- User Content which violates the terms of any of our guidelines, policies, or rules posted on the website or otherwise provided to you; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose us or our users to any harm or liability of any type.
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules. We are not liable for any statements, representations, or User Content provided by our users in any Interactive Area.
Although we have no obligation to do so, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the website at your sole cost and expense. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas or the website.
Except as otherwise provided, you retain ownership of all User Content posted on the website. However, if you post User Content on the website, unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of us and the issues, and causes we support, without any right of compensation or attribution. You grant us and our affiliates and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated on the website, the website and all content and other materials thereon, including, without limitation, our logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, and other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of One Greatful America, Inc., or its licensors or users and are protected by U.S. and international copyright laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You are granted a limited, non-sublicensable license to access and use the website and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the website or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the website; (c) modifying or otherwise making any derivative uses of the website and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the website, the Site Materials or any information contained therein, except as expressly permitted on the website; or (f) any use of the website or the Site Materials other than for its intended purpose. This license is revocable at any time.
Any use of the website or the Site Materials other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the website that are provided by you in the form of email or other submissions to us, or any postings on the website, are non-confidential and shall become the sole property of One Greatful America, Inc. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
THIRD PARTY CONTENT
We may make third party information and other content available on or through the website (the "Third Party Content") as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the website ("Third Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. We do not control, endorse or adopt any Third Party Content or Third Party Products and Services, and make no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products and Services at their own risk.
THE WEBSITE AND THE SERVICES PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU MAY DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT.
The website and services are controlled, operated and hosted from within the United States. We make no representations that the website and services are appropriate or available for use in other locations. Those who access or use the website and services from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. We are not responsible or liable in any manner for any third party activities or events listed on the website or for the conduct of any event or activity of other users of the website.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVENT IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By using the website and the services provided therein, you agree, to the extent permitted by law, to indemnify and hold One Greatful America, Inc., its directors, officers, employees, affiliates, agents and contractors harmless with respect to any claims, damages, costs and expenses arising out of your breach of these Terms or your use of the website or the services provided herein. You agree that you shall not sue or recover any damages from One Greatful America, Inc., its directors, officers, employees, affiliates, agents and contractors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the website or any services provided therein, or to take any other action during the investigation of a suspected violation or as a result of One Greatful America, Inc.’s conclusion that a violation of these Terms has occurred. This wavier and indemnity provision applies to all violations described in or contemplated these Terms. You further agree to indemnify and hold harmless One Greatful America, Inc, its directors, officers, employees, affiliates, agents and contactors from any and all claims, damages, costs, and expenses you incur as the result of any third-party intrusion, hacking, theft, alteration, misappropriation or other action taken regarding the website and any information or content associated therewith.
AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS
Any claim, dispute, or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION, AND YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
Notwithstanding any of these Terms, we reserve the right to suspend or terminate your use of the website and any related services, and to block or prevent your future access and use of the website and its services.
STRATION DATA; ACCOUNT SECURITY
In consideration of your use of the website and the services provided, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
These Terms shall be governed and construed in accordance with the laws of the State of South Dakota. The parties agree that all actions and proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Pennington, State of South Dakota. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties in any jurisdiction other than that specified in this section. Each party waives any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and stipulate that the State and Federal Courts located in the County of Pennington, State of South Dakota, shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms or the website.
CHANGE TO CONTENT
We reserve the right to change any and all content contained on the website and any services offered through the website any time without notice. Your continued use of the website and any services constitutes your acceptance of such modifications. If you are not satisfied with a change or modification, your sole remedy is to terminate your use of the website and related services.
References to any products, series, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
These Terms and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by use without restriction. Any attempted transfer or assignment by you will be null and void.
We may provide you with legal notices and notices related to your account via email using the email address associated with your account.
Please direct any questions to email@example.com.