Terms and Conditions
CONSENT TO TERMS
CONSENT TO RECEIVE NOTICES VIA ELECTRONIC COMMUNICATIONS
INTELLECTUAL PROPERTY RIGHTS AND USE OF THE WEBSITE
All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by the Company or by third parties who have licensed their materials to the Company.
The content on the Website, and the Website as a whole, are intended solely for the personal, noncommercial use by the users of our Website. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Company reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Company. You are prohibited from accessing or using the Website in a manner that violates any applicable law, statute, ordinance, or regulation. You must not hack the Website or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of any of the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity. If you provide us any Feedback (as defined below), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. “Feedback” means all comments, remarks, data, suggestions, methods, surveys, reports, ideas, and other content that you provide by using the Website or provide about the Website, the Website’s content, or any aspect of our mission or operations, whether provided to us directly or through our service providers.
We reserve the right to modify the Website at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any content or offerings at any time for any reason or no reason at all.
LINKS TO THIRD-PARTY PLATFORMS AND COMMUNITY FORMS
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any posting by a user or other content on the Website or in relation to the Website infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at on the Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of that content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.
Our designated Copyright Agent for notice of claims of infringement is:
Business for Good
605 N. Broadway, Saratoga Springs, 12866
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other inquiries, comments, requests for technical support, and other communications should be directed to us at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, AFFILIATES, REPRESENTATIVES, OR BUSINESS PARTNERS, OR THE WEBSITE’S CONTRIBUTORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE WEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE WEBSITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FORANY DISPUTE WITH THE COMPANY IS TO STOP USING THE WEBSITE.
CLAIM LIMITATIONS PERIOD
ABILITY TO TERMINATE ACCESS TO THE WEBSITE
USE OUTSIDE OF THE UNITED STATES
We expressly disclaim any representation or warranty that the Website complies with all applicable laws and regulations outside of the United States. If you access the Website or use any content thereon outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Website is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.