Effective Date: March 4, 2020
EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION AND DISPUTES SECTION BELOW, BY USING THE PLATFORM, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
This Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Spur Impact and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
3. Access to, and Use of, the Platform
The Platform allows a nonprofit organization established as such under applicable laws of incorporation (“Charity”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) for such Charity, for a charitable purpose. Individuals and other entities (together with a Charity, “Campaign Organizers”) may also create a Campaign to promote a Charity’s Campaign. Through the Platform, Spur Impact facilitates Campaigns and permits Donors to make Donations to Charities. Spur Impact is not a broker, agent, financial institution or creditor.
Spur Impact reserves the right to withdraw or amend the Platform, and any service or material it provides on the Platform, in its sole discretion without notice. Spur Impact will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, Spur Impact may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
All information and content provided by Spur Impact relating to the Platform is for informational purposes only, and Spur Impact does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, or any information or content relating to the Platform, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Platform is at your own risk.
Spur Impact has no control over the conduct of, or any information provided by, a Campaign Organizer, Donor or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Event (as defined below).
No Solicitation. The Platform is offered to help Charities raise money. Spur Impact merely provides the technology to allow fundraisers to connect with Donors. The existence of the Platform is not a solicitation of Donations by Spur Impact, and Spur Impact does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Platform, you understand and agree that Spur Impact shall not be responsible for the use of your Donations by a Charity or the amount of funds raised for a Campaign or Event.
All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. Spur Impact is not responsible for any offers, promises, rewards or promotions made or offered by a Campaign. We do not and cannot verify the information that a Campaign supplies, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose described by a Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. Please contact us at [email protected]
if you suspect fraudulent activity or misuse of funds on the Platform.
Donors are not permitted to impose restrictions on the use of Donations by a Charity. To the extent that a Donation is made in response to an appeal for a particular program of a Charity, or to the extent that a Donor purports to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only.
Spur Impact makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. Spur Impact will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
You, as a Campaign Organizer, represent, warrant, and covenant that (a) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable users; (b) all Donations contributed to your Campaign will be used solely for the Charity as described in the materials that you post or otherwise provide; (c) you will not infringe the rights of others; and (d) to the extent you share with us any personal information of any third party for any purpose, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal information and allow us to use such personal information for the purposes for which you shared it with us. You authorize Spur Impact, and Spur Impact reserves the right to, provide information relating to your Campaign to Donors, to the Charity, or to law enforcement, and to assist in any investigation thereof.
Your Registration Obligations. You may be required to register with Spur Impact in order to access and use certain features of the Platform. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the registration form. Campaign Organizers must register using their true identities (or the identities of the Charity’s authorized representatives), including their name and address. You agree to keep registration information current and up to date.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Charities. All Donations are subject to a transaction fee for each Donation. Donors have the option to cover the transaction fee at checkout. If a Donor does not cover the transaction fee, the transaction fee will be deducted from the Donation.
Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Platform. If Donations are refunded to the Donor by Stripe and Spur Impact already remitted payment to the Charity, Spur Impact will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the Charity. The Charity expressly agrees that it will be responsible for paying Spur Impact the full amount of any Donation refund due to a Donor. Spur Impact may elect to offset a future Donation to the Charity rather than requesting that the Charity return the refunded Donation.
Receiving Funds. As a Charity, receipt of Donations, minus any transaction fees, is based upon and subject to the payment processor's procedures and terms and credit card processor's terms. Spur Impact is not a payment processor.
Spur Impact does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Taxes. It is the Charity’s responsibility to determine what, if any, taxes apply to the Donations it receives receive through use of the Platform. It is solely the Charity’s responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
4. Ownership and Your Rights to Use the Platform and Content
Ownership. The Platform and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Spur Impact, its licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Platform is the property of Spur Impact, its licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Spur Impact owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Platform.
Rights of Others. In using the Platform, you must respect the Intellectual Property and rights of others and Spur Impact. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Platform, see “Procedures for Alleging Copyright Infringement” below.
5. Content You Submit
Public Content; Public Display of Information
User Content Transmitted Through the Platform. With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Platform, you hereby grant and will grant Spur Impact and its licensors, affiliates and Platform users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Spur Impact and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Spur Impact in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Platform and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Spur Impact’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Platform.
Unsolicited Information. Please be advised that User Content and other unsolicited information you provide may be publicly accessible. We also collect information through customer support communications, your communications to us of ideas for new products or services or modifications to existing products or services, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Platform (collectively, “Unsolicited Information”). By sending us Unsolicited Information, (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (ii) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (iii) you agree that Spur Impact will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (v) to the extent necessary, you hereby grant to Spur Impact a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of, any and all Unsolicited Information; and (vi) you irrevocably waive, and cause to be waived, against Spur Impact and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Platform.
Promotions on the Platform
. You are not permitted to offer any promotion on the Platform without our prior written consent. You may seek permission by sending an email to [email protected]
If we consent, you take full responsibility for the promotion, and you agree that: (i) such promotion shall comply with all applicable laws; (ii) you are solely responsible for all facets of the promotion, including without limitation any prizes offered; (iii) you may not use our Intellectual Property in the rules or any other materials relating to the promotion without our express written permission; (iv) such promotion does not require making a Donation as the only way to enter; (v) you are responsible for the marketing of the promotion, and that such promotion is not marketed to anyone under the age of 18; (vi) prizes, rewards, giveaways or incentives are not intended to be items available for purchase; and (vii) such promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any promotion that you choose to publicize on the Platform: (a) Spur Impact does not sponsor or endorse the promotion; (b) Spur Impact does not guarantee the delivery of any reward, incentive or other prize offered by you; (c) each participant or entrant in the promotion releases Spur Impact from any and all liability and (d) all questions concerning the promotion must be directed to you and not to Spur Impact.
Third-Party Material. Under no circumstances will Spur Impact be liable in any way for any content or materials of any third parties (including Charities, Campaigns, Donors or other users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Spur Impact does not pre-screen User Content, but that Spur Impact and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Platform at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Without limiting the foregoing, you agree:
1. not to use the Platform to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Platform;
- any election campaigns that are not run by a registered organization within the supported country;
- User Content or Campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- User Content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- Campaigns that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases, or financial crimes or crimes of deception;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Spur Impact;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
- publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide Donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Campaign description;
- any other activity that Spur Impact may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that Spur Impact may deem in its sole discretion to be unacceptable.
2. not to use the Platform to transmit or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Spur Impact, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Spur Impact or its users to any harm or liability of any type;
- 3. not to interfere with or disrupt servers or networks connected to, or used to provide, the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to, or used to provide, the Platform;
- 4. not to harvest, collect or publish personal information of others;
- 5. not to use another user's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Platform;
- 6. not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform;
- 7. not create any liability for Spur Impact or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- 8. not to engage in any conduct that, in Spur Impact’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Platform;
- 9. not to gain unauthorized access to the Platform, or any account, computer system, or network connected to the Platform, by any unauthorized or illegal means;
- 10. not to obtain or attempt to obtain any materials or information not intentionally made available through the Platform;
- 11. not to insert any code or product to manipulate Content in any way that adversely affects any user experience or the Platform;
- 12. not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform by any means whatsoever or modify any Platform source or object code;
- 13. not to use the Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Platform for fundraising activities in accordance with these Terms is expressly permitted;
- 14. not to, on the Platform, engage in advertising or commercial solicitation of any product or service without Spur Impact’s written consent, except that using the Platform for fundraising activities in accordance with these Terms is expressly permitted;
- 15. undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; or
- 16. attempt to indirectly undertake any of the foregoing.
Additionally, with respect to all Donations, you make or accept through the Platform, you agree:
- 1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
- 2. not to use the Platform in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control;
- 3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Platform, including without limitation by adhering to any security procedures and controls required by applicable law or by Spur Impact from time to time;
- 5. at Spur Impact’s request, including without limitation in case of investigations by Spur Impact, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
6. Events on the Platform
Charities may offer, and users may register for, events, such as marathons, walks, rides, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organizers of these events (“Event Organizers”). Event Organizers may establish a page on the Platform that provides details about their Event and provides the ability to collect Event registration fees through the Platform. Event Organizers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Event complies with applicable law. Event Organizers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.
Event Fees. Event Organizers that use the Platform to process Event registrations agree to pay Spur Impact a processor fee for each Event registration.
Receipt of Registration Fees. Receipt of registration fees, minus any applicable processor fees, is based upon and subject to the credit card processor's terms.
Taxes. Spur Impact does not withhold funds for tax purposes or otherwise. Event Organizers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
Chargebacks and Refunds. All refunds for event registrations are handled by Event Organizers. Spur Impact is not responsible for handling or communicating an Event Organizer's refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organizer concerning a refund. Event Organizers agree to deal exclusively with Event registrants concerning refunds.
7. Procedure for Alleging Copyright Infringement
Spur Impact respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Spur Impact of your infringement claim in accordance with the procedure set forth below.
Spur Impact will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Spur Impact’s Copyright Agent at [email protected]
(Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
P.O. Box 25208
1007 N. Orange St., 4th Floor, Suite 400-A
Wilmington, DE 19899-5208
To be effective, the notification must be in writing and contain the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
· your physical or electronic signature;
· identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Spur Impact will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
8. Links to or From the Platform
Linking to the Platform and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain Content on the Platform.
· Send emails or other communications with certain Content, or links to certain Content, on the Platform.
· Cause limited portions of Content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Platform. The Platform may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties, including Charities, (collectively, “Third-Party Links”). These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over Third-Party Links or any products, services or content made available through or by such Third-Party Links, or the business practices of the third parties providing such Third-Party Links. Spur Impact accepts no responsibility for such Third-Party Links or the products, services or content made available thereby. You acknowledge that Spur Impact is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third-Party Links. You further acknowledge and agree that Spur Impact will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Links. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Links.
9. Geographic Restrictions
The owner of the Platform is based in the State of Delaware in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPUR IMPACT NOR ANY PERSON ASSOCIATED WITH SPUR IMPACT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SPUR IMPACT NOR ANYONE ASSOCIATED WITH SPUR IMPACT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SPUR IMPACT HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPUR IMPACT, ITS AFFILIATES OR ITS LICENSORS AND ITS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnity and Release
13. ARBITRATION AND DISPUTE
ARBITRATION CLAUSE & CLASS ACTION WAIVER- IMPORTANT- PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE PLATFORM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY SPUR IMPACT OR LICENSOR OF SPUR IMPACT.
Class Action Waiver. As permitted by applicable law, both you and Spur Impact waive the right to bring any Covered Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Covered Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Covered Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 13 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
14. Waiver and Severability
15. Your Comments and Concerns
The Platform is operated by Spur Impact Association, P.O. Box 25208, 1007 N. Orange Street, 4th Floor, Suite 400-A, Wilmington, DE 19899-5208.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected]