Date of Last Revision: September 20, 2014
Please read these Terms and Conditions of Use (the "Terms") carefully before using this website. These Terms set forth the legally binding terms and conditions for your use of the website at www.givestep.com (the "Site") owned and operated by GiveStep, Inc. ("GiveStep), including GiveStep's fundraising platform that is a part of the Site (the "Platform"), and any incidental or related services provided by GiveStep (collectively with the Site and the Platform, the "Service"). By using the Service in any manner, including browsing, accessing, or completing the registration process on, the Site, each visitor to, or user or registered user of, the Site agrees to be bound by these terms.
GiveStep reserves the right to revise any of these Terms (including any of the Other Policies), at any time and in its sole discretion, without notice, by posting the revised Terms (or such Other Policies) on the Site. Continued use of the Service, including the Site, by any visitor, user or registered user following that posting constitutes the acceptance by such visitor, user or registered user of the revised Terms (or such Other Policies). It is the responsibility of each visitor to, and user or registered user of, the Site to check these Terms and Other Policies periodically to understand the terms and conditions that apply.
If GiveStep makes any change directly to these Terms and Conditions of Use, it will update the "Date of Last Revision" above.
GiveStep reserves the right to modify, suspend or discontinue the Service (including any features of the Site or Platform), or impose limits on, or restrict access to, all or any portion of the Service, at any time for any reason, without notice or liability.
As used in these Terms, the following words have the following meanings:
The GiveStep Fundraising Platform:
GiveStep's Platform, which is a part of the Site and available to registered users of the Site, provides a social fundraising platform that integrates the world of sports and charitable giving in a fun and flexible manner. GiveStep allows use of the Site by (1) those charitable organizations or purposes that are raising money and are listed on the Site ("Beneficiaries") and (2) those individuals or entities that are donating money to benefit one or more of those Beneficiaries ("Donors").
GiveStep, itself, is not engaging in any charitable solicitation or fundraising, nor does it advise, consult with, prepare, manage, or plan any charitable solicitation or fundraising activity, and it is not a party to any pledge or donation made using the Service. Users of the Service are responsible for their own fundraising activities, including all creative components and actual solicitations made. Donations made through the Platform are made to GiveStep Charitable Foundation, Inc., a non-profit corporation (the "Foundation") which serves to receive and distribute funds donated through the Platform for proper charitable purposes. However, with respect to any Beneficiary that requires donations to be made directly to such Beneficiary and not the Foundation, including for such Beneficiary's operational or accounting purposes or in order to allow such Beneficiary to generate and provide tax receipts directly to such Donor (each, an "Express Beneficiary"), each donation made to such Express Beneficiary will be passed through the Foundation and its accounts to such Express Beneficiary purely as an administrative function (and without being treated as a donation to the Foundation). The Foundation is recognized as a tax-exempt, charitable organization by the Internal Revenue Service, and contributions to the Foundation are tax deductible. Consult your own tax advisor about your own personal tax situation.
GiveStep and the Foundation are not affiliated companies. Each is a separate entity with no common ownership, control, or management. The Foundation has contracted with GiveStep to have GiveStep provide the Foundation with (1) certain website development and maintenance services, as well as certain related services, and (2) certain limited rights to use the name, "GiveStep".
The Foundation's Role:
The Foundation, and not GiveStep, is responsible for (1) collecting all donations that result from a pledge made using the Service, (2) depositing the associated funds into a bank account that is under the Foundation's care, custody and control and is dedicated to holding only donations (the "Foundation Account"), and (3) disbursing those funds in accordance with suggestions made by Donors (as described below) and after exercising its appropriate discretion to determine whether the Beneficiary is a qualified charitable beneficiary. The Foundation has appointed an independent third party escrow agent to manage and administer, on the Foundation’s behalf, the Foundation Account and distribution of funds from the Foundation Account.
All donations made using the Service are made to the Foundation. But, with respect to each pledge set up by a Donor using the Platform, (1) such Donor may suggest a specific Beneficiary (other than the Foundation) to benefit from any donations resulting from that pledge (each, a "Suggested Beneficiary"), and (2) the Foundation will then use reasonable efforts (and as part of the Foundation's charitable purpose) to disburse those resulting donations to that Suggested Beneficiary.
Although the Foundation will try to accommodate each Donor's suggestion, the Foundation retains ultimate control and discretion as to which Beneficiaries or other charitable recipients will receive funds donated to the Foundation. Neither GiveStep nor the Foundation will have any liability for any disbursements of funds by the Foundation in its discretion, even if made to a Beneficiary or other charitable recipient other than the Suggested Beneficiary(ies).
To provide the Foundation with the name of a Suggested Beneficiary for a pledge, a Donor must identify that Suggested Beneficiary when setting up that pledge. The Foundation will then collect all donations resulting from that pledge, conduct due diligence on that Suggested Beneficiary to determine whether it is a qualified charitable beneficiary (including to determine whether it is listed on the Third Party Charity Lists (as defined below)), and, subject to the Foundation’s discretion in this regard as described above, use reasonable efforts to cause the funds generated from any resulting donations to be disbursed to that Suggested Beneficiary.
It is not required for a Donor to identify a Suggested Beneficiary. The Foundation, itself, is also a qualified recipient of contributions made through the Service, in addition to being qualified to facilitate disbursements to other qualified Beneficiaries. Thus, the Foundation is a Beneficiary, and Donors may identify the Foundation, alone, in their pledges. The Foundation will use the funds from those resulting donations in accordance with its charitable purpose, including by making contributions to charitable organizations or purposes of the Foundation's choosing.
More information is available about the Foundation and its mission at the Foundation's website.
Using the GiveStep Fundraising Platform:
To use the Platform to raise or make donations, each Donor or Beneficiary must sign up for an account by completing the registration process on the Site. Also, for Beneficiaries, because the Site already has basic profile pages for "eligible organizations", the Beneficiary should first check the Site to see if its basic profile page exists and then "claim" it. A Beneficiary that is listed as an eligible organization does not have to register as a User in order to accept donations via the Site, but it must register as a User to "claim" its basic profile page. The existence of a basic profile page on the Site does not, in and of itself, signify that a Beneficiary has registered to be a User.
These basic profile pages (including the content or information contained in those pages) are initially based solely on the information contained in reports and lists prepared by the Internal Revenue Service or a third party provider that contain lists of organizations eligible to receive tax-deductible charitable contributions (the "Third Party Charity Lists"). A Beneficiary can modify its basic profile page after registering as a User and "claiming" its profile page.
USER ELIGIBILITY; REGISTRATION
Users must be: (1) at least 18 years of age, (2) authorized and able to legally contract with GiveStep, individually, or as the authorized agent of the entity (including any association) registered as the User, (3) if an entity (including an association), validly and duly registered, established, or incorporated under applicable state and federal law and in compliance with all applicable legal registration or reporting requirements, and (4) resident of, or incorporated or formed in, the United States of America.
GiveStep reserves the right, in its sole discretion, to refuse to accept any registration and to change its eligibility criteria at any time, without notice or liability.
GiveStep may terminate, remove or suspend, at any time and for any reason, (1) the registration of any User, in GiveStep's sole discretion, without notice or liability, and without refunds for any payments of donations made, including in the event that a User has provided inaccurate or incomplete registration information or has failed to meet, or no longer meets, the eligibility requirements, or (2) any Beneficiary's project, drive, or content.
The rights to use the Service and the registration-based website content of the Site, including the Platform, granted herein apply solely to permitted Users and no other parties.
By registering, each User agrees to be bound by the following additional terms and conditions:
GiveStep only provides the Service to, and allows use of the Site (including the Platform) by, Donors and Beneficiaries that are registered as Users. GiveStep is not responsible for the use of any funds collected and distributed to any Beneficiary, including the Foundation or other charitable cause or purpose. GiveStep does not endorse the mission or purposes of any Beneficiary, including the Foundation, nor does GiveStep monitor or verify the use of funds.
GiveStep prohibits the use of the Service, including the Platform, for gambling activities of any nature.
Additional Terms and Conditions for Donors and Beneficiaries:
Each User using the Service, including the Platform, as a Donor or Beneficiary, hereby agrees to be bound by the following additional terms and conditions:
Additional Terms and Conditions for Donors:
Each User using the Service, including the Platform, as a Donor, hereby agrees to be bound by the following additional terms and conditions:
Additional Terms and Conditions for Beneficiaries:
Each User using the Service, including the Platform, as a Beneficiary, hereby agrees to be bound by the following additional terms and conditions:
Because donation payments are automatically processed as the applicable milestones are met, as noted above, Donors should carefully consider and review each pledge before making a pledge. As noted above, pledges may be cancelled or changed at any time prior to the donation being made.
In addition, Donors are reminded that donation payments are not refundable by GiveStep.
Each User and visitor to the Site agrees to NOT use the Service, including the Site, for any illegal or inappropriate purpose, and affirmatively agrees not to:
Each User and visitor to the Site acknowledges sole responsibility for any of its actions, omissions, conduct or information that violates these Terms (including any of the Other Policies).
GiveStep makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites, content, information, documents, software, materials, products, services or resources accessible by hyperlink from, or otherwise available on or from using, the Site, including any Payment Gateway Provider services, or websites linking to the Site, any sports statistical content or information or any information concerning any of the Beneficiaries, including the Foundation or any Express Beneficiaries (collectively, "Third Party Resources"). These Third Party Resources are not under the control of GiveStep, and GiveStep has not reviewed and is not responsible for the content, function, accuracy, legality, appropriateness or any other aspect of such Third Party Resources, including any errors or omissions in any content, information, websites, products or services. Each User or visitor to the Site accesses and uses any and all Third Party Resources at its sole risk and responsibility, and agrees that GiveStep shall have no liability for damages or otherwise for, or in connection with, any Third Party Resources, or the use or disclosure of User or visitor information thereby.
GiveStep provides links to certain Third Party Resources to each User and visitor to the Site only as a convenience, and the inclusion of any such link or reference to any Third Party Resource does not imply affiliation, sponsorship, endorsement or adoption by GiveStep of the applicable Third Party Resource or any third party, including any sports organization, team or player. When a User or visitor to the Site leaves the Site, it should be aware that GiveStep's terms and policies no longer govern. Each User and visitor to the Site should review the applicable terms and policies, including privacy and data gathering practices, of any website to which it navigates from the Site.
GiveStep does not create, originate, control or endorse content posted by Users. Each User and visitor to the Site understands that GiveStep does not control and cannot provide any representations as to the truthfulness, quality, timing, responsibility or legality of any posting, content, information or actions of or by any User or visitor. Each User and visitor to the Site is solely responsible for confirming the accuracy of the identity of any User or visitor, as well as of any of its content or information.
GiveStep shall have the right, but not the obligation, in its sole discretion to remove any Third Party Resources. GiveStep may provide Users with the ability to flag content which violates these Terms, but this process in no way obligates GiveStep to remove any such content or terminate the registration of any User.
GiveStep is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site or otherwise through the Service.
THE SERVICE, INCLUDING THE SITE, PLATFORM AND CONTENT INCLUDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES (1) AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR (2) IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. GIVESTEP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIVESTEP NOR ITS PARTNERS, NOR ANY REPRESENTATIVES OF GIVESTEP OR ANY OF ITS PARTNERS, MAKES ANY REPRESENTATION, WARRANTY OR GUARANTY THAT: (1) THE SERVICE, INCLUDING THE SITE, WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE, INCLUDING THE SITE, WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE OR WILL BE ACCURATE OR FREE OF DEFECTS OR ERRORS, (2) ANY INACCURACIES, DEFECTS OR ERRORS WILL BE CORRECTED, (3) THE SERVICE, INCLUDING THE SITE OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE, IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (4) THE SERVICE, INCLUDING THE SITE, OR RESULTS OF USING THE SERVICE, INCLUDING THE SITE, WILL MEET ANY USER'S OR VISITOR'S REQUIREMENTS OR BE FREE FROM MISTAKES.
ANY USE OF THE SERVICE (INCLUDING THE SITE) BY A USER OR VISITOR IS SOLELY AT ITS OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE SERVICE, INCLUDING THE SITE, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR MATERIALS THROUGH THE SERVICE, INCLUDING THE SITE, IS DONE AT THE USER'S OR VISITOR'S OWN DISCRETION AND RISK AND WITH ITS AGREEMENT THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. GIVESTEP ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING ANY USER GENERATED CONTENT OR USER COMMUNICATIONS).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVESTEP MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR CONTENT TRANSMITTED THROUGH THE SERVICE, INCLUDING THE SITE, OR ON ANY WEBSITE LINKED TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVESTEP SHALL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION OR IDENTIFICATION INFORMATION, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON GIVESTEP'S EQUIPMENT OR SERVERS, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH A USER'S OR VISITOR'S USE OF THE SERVICE, INCLUDING THE SITE.
THE SERVICE, INCLUDING THE SITE, COULD INCLUDE TECHNICAL, STATISTICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. GIVESTEP MAY MAKE CHANGES TO THE SERVICE, INCLUDING THE SITE, AT ANY TIME WITHOUT NOTICE. THE SERVICE, INCLUDING THE SITE, MAY BE OUT OF DATE, AND GIVESTEP MAKES NO COMMITMENT TO MAKE ANY UPDATES.
Through each User's or visitor's use of the Site, it may have opportunities to engage in commercial transactions with certain partners, other Users, Beneficiaries (including the Foundation or Express Beneficiaries), and other third parties. Each User and visitor acknowledges and agrees that all transactions relating to any Third Party Resources offered by any party, including any purchase terms, payment terms, privacy or security terms, terms relating to tax deductibility of donations, warranties, guaranties, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such Third Party Resource and the User or visitor. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIVESTEP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, INCLUDING THE SITE, OR ANY TRANSACTIONS EXECUTED BY ANY THIRD PARTY RESOURCE, AND EACH USER AND VISITOR UNDERSTANDS AND AGREES THAT ALL SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT ITS OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY THIRD PARTY RESOURCE AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY GIVESTEP OR ANY OF ITS REPRESENTATIVES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER OR VISITOR AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, INCLUDING THE SITE, MUST BE COMMENCED BY IT AGAINST GIVESTEP WITHIN ONE YEAR AFTER THE DATE OF FIRST ACCESS OR USE OF THE SITE OR OTHER SERVICE IN CONNECTION WITH THE EVENT, ACT OR OCCURRENCE THAT GAVE RISE TO SUCH CLAIM OR CAUSE OF ACTION, OR SHALL BE FOREVER BARRED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EACH USER'S OR VISITOR'S EXCLUSIVE REMEDY, AND GIVESTEP'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS, INCLUDING THE OTHER POLICIES, OR THE SERVICE, INCLUDING THE SITE, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, IN NO EVENT SHALL GIVESTEP, ANY OF ITS PARTNERS, OR ANY REPRESENTATIVES OF GIVESTEP OR ANY OF ITS PARTNERS, BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY, INCLUDING ANY USER OR VISITOR, FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR ANALOGOUS DAMAGES, INJURIES, LOSSES, COSTS OR EXPENSES OF ANY KIND WHATSOEVER, INCLUDING ANY LOST PROFITS, PRIVACY, USE OR DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, IN NO EVENT SHALL GIVESTEP OR ANY OF ITS REPRESENTATIVES, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY THIRD PARTY RESOURCES OFFERED THROUGH THE SERVICE (INCLUDING THE SITE), OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SERVICE (INCLUDING THE SITE) INCLUDING THE PROCESSING OF DONATIONS.
THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES OR CERTAIN LIMITATIONS OF RIGHTS OR LIABILITY, AND IF THESE LAWS APPLY, THEN CERTAIN OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY.
To the fullest extent permitted by applicable law, each User and visitor to the Site agrees to defend, indemnify and hold harmless each of GiveStep, its partners, and the respective representatives of GiveStep and each such partner, from and against any and all liabilities, damages, losses, claims, costs and expenses, including attorneys' fees and court costs, that arise out of or relate to (1) such User's or visitor's use or misuse of, conduct in connection with, or access to, the Service (including the Site), (2) any submissions, content or other information supplied by such User or visitor in connection with the Service (including the Site), (3) such User's or visitor's violation of these Terms (or any of the Other Policies), (4) any infringement by such User or visitor of any intellectual property, privacy or other right of any person or entity, or (5) any violation by such User or visitor of applicable law. GiveStep reserves the right to assume the sole and exclusive defense and control of any claim or matter that is or may be subject to the foregoing indemnification, in which event, the applicable User or visitor shall assist and cooperate with GiveStep in asserting any available defenses.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER AND EACH VISITOR HEREBY AGREES TO RELEASE GIVESTEP, EACH OF ITS PARTNERS, AND EACH OF THE REPRESENTATIVES OF GIVESTEP OR ANY OF ITS PARTNERS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH USER'S OR VISITOR'S USE OF THE SERVICE, INCLUDING THE SITE AND ANY INFORMATION ON THE SITE. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Copyright © 2012 GiveStep All Rights Reserved.
Each User and visitor to the Site agrees that each of the Site and Service contains content provided by GiveStep, any of its partners or Users and that this content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. Each User and visitor shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Service.
Subject to these Terms, including the Other Policies, GiveStep grants to each User a limited, non-exclusive, revocable, terminable, non-sublicensable, non-assignable and non-transferable license to use a single copy of the content, solely for personal, non-commercial use and only in connection with such User's use of the Service. Use of any content, except for this personal, non-commercial use, or at any time after termination of the Service for any reason, and any copying, reproduction, modification, distribution, republishing, uploading, posting, transmitting or storage of any content for any purpose or use, is prohibited without prior written permission from GiveStep, or the specific content provider. Each User or visitor is solely responsible for obtaining permission before reusing any copyrighted or protected content that is available on the Site or otherwise through the Service. Any unauthorized use of the content appearing on the Site or otherwise through the Service may violate applicable laws and could result in criminal or civil penalties.
GiveStep makes no representations or warranties that any User's or visitor's use of content displayed on, or obtained through, the Service (including the Site) will not infringe the rights of third parties. See "Notification of Copyright Infringement" below for a description of the procedures to be followed in the event that any User or visitor believes that content posted on the Site is infringing.
GiveStep reserves and asserts its intellectual property rights and ownership over all content created or displayed by GiveStep. All GiveStep names, logos and service names are registered trademarks, trademarks or service marks of GiveStep. All other trademarks or service marks are the property of their respective owners. Notwithstanding anything to the contrary in these Terms, nothing in these Terms grants any User or visitor any right to use any trademark, service mark, logo or the name of GiveStep.
All rights not expressly granted to a User or visitor to the Site are reserved by GiveStep and its partners. No User or visitor to the Site may access the Site for purposes of monitoring its availability, performance or functionality, or use or access the Service or Site for any other benchmarking, reverse engineering, or other competitive purposes. No User or visitor to the Site may (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service (including the Platform or Site) in any way; (2) modify or make derivative works based upon the Service (including the Platform or Site); (3) embed the Site as an "iframe" or "frame" from within another application; or (4) reverse engineer or access the Service (including the Platform or Site) in order to (a) build a competitive product, platform or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service (including the Platform or Site), or (c) copy any ideas, features, functions or content of the Service (including the Platform or Site).
Each User that is a Beneficiary grants GiveStep a world-wide, fully-paid, royalty free, and non-exclusive license to use, reproduce, adapt, and publicly perform or display any trademark, service mark or logo of such Beneficiary for the purpose of performing and providing the Service (including the Site), and other ancillary business purposes.
Certain of the ideas, software and processes incorporated into the Service or that are available on the Site are protected by patent applications pending in the United States, and GiveStep, may in the future, prepare and file additional patent applications in certain other jurisdictions.
Each User and visitor to the Site agrees not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purpose whatsoever any other User's or visitor's content, in any way that violates the right of that other User or visitor, or any third party, without the express prior consent of the respective owners. Each User and visitor to the Site is solely responsible for obtaining permission and right to the necessary intellectual property rights to any content. GiveStep cannot guaranty to any User the identity of any other Users with whom that User may interact while using the Service (including the Site).
No User or visitor may submit to GiveStep or on the Site (1) any confidential or proprietary information, unless GiveStep has provided its prior written consent to such User or visitor to such submission or (2) any unsolicited ideas or proposals under any circumstance.
GiveStep respects the intellectual property of others, and asks each User and visitor to the Site to do the same. GiveStep has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. GiveStep has adopted a policy that allows GiveStep to immediately suspend or terminate any User's or visitor's right to use the Site or Service if that User or visitor is found to have infringed on the rights of GiveStep or of a third party (including any repeat infringers), or otherwise violated any intellectual property laws or regulations. GiveStep's policy is to investigate any allegations of copyright infringement brought to its attention. If a User or visitor to the Site has evidence, knows, or has a good faith belief that its rights or the rights of a third party have been violated by the Site or Service and it wants GiveStep to delete, edit, or disable the material in question, the User or visitor must provide GiveStep's designated agent written notice containing all of the following information (contact information for GiveStep's designated agent is below):
For this notice to be effective, the User or visitor must provide it to GiveStep's designated agent at:
51 Elliott Street
Danvers, Massachusetts 01923
Phone and Fax: (855) 448-7837
GiveStep will not knowingly collect any information from children under the age of 13. During the registration process, each User, in agreeing to these Terms, is acknowledging and confirming that it meets the age requirement (at least 18 years of age). GiveStep has designed policies and procedures to comply with the Children's Online Privacy Protection Act of 1998 (COPPA) and all Federal Trade Commission (FTC) regulations, but does not assume responsibility for the misrepresentations of any User as to their age.
GiveStep does not believe that the Site contains content or materials that would typically be the subject of filtering software, and neither the Site nor any other Service is intended for children. Nevertheless and pursuant to the Communications Decency Act (CDA), GiveStep informs all Users and visitors that parental control protections (such as computer hardware, software, and filtering services) are commercially available that may assist in limiting access to content or material that is harmful to minors. A report detailing some of those protections can be found at: http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
GiveStep controls and operates the Service (including the Site) from the United States of America, and all information on the Site is processed within the United States. Although the Site may be accessible worldwide, GiveStep does not represent that any of the Service, or any User or other content on the Site, are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service or Site from other locations, do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Service or Site is void where prohibited.
These Terms (including the Other Policies) and any use of the Services is governed by and construed according to the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act. By registering or using the Service (including the Site), each User and each visitor to the Site hereby (1) consents and agrees to submit to personal jurisdiction and exclusive venue in the state and federal courts located in Boston, Massachusetts, and (2) irrevocably waives any right it may have to a trial by jury in any dispute, action or proceeding. Each User and each visitor to the Site further agrees that GiveStep and the Service are deemed a passive website that does not give rise to personal jurisdiction over GiveStep or its representatives, successors or assigns, in any jurisdiction other than the Commonwealth of Massachusetts.
The failure of GiveStep to enforce any right or provision of these Terms (including any of the Other Policies) shall not constitute a waiver of such right or provision. In the event any provision of these Terms (including any of the Other Policies) is found to be unenforceable, invalid, void, or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms or Other Policies, as the case may be, will otherwise remain in full force and effect and enforceable. Any reference in these Terms to (1) any words of gender shall include each other gender, including the neuter, unless the context requires otherwise, and (2) "including" shall mean and be a reference to "including without limitation". Any provision of these Terms which should, by its nature, survive termination is deemed to do so, including any provisions addressing the ownership or use of intellectual property, and indemnity, warranty and limitation on liability provisions.
Each User and each visitor to the Site (1) acknowledges and agrees that when visiting the Site, otherwise using the Service or sending emails to GiveStep, it is communicating with GiveStep electronically, (2) hereby consents to receive communications from GiveStep electronically, (3) acknowledges and agrees that GiveStep may communicate with it by email or by posting notices on the Site, and (4) agrees that all agreements, notices, disclosures and other communications that GiveStep provides electronically satisfy any legal requirement that such communications be in writing.
No User or visitor to the Site may assign or transfer any of its rights or responsibilities under these Terms to any other person or entity without GiveStep's express prior written consent.
Nothing in these Terms shall prohibit, in any way, GiveStep from complying with applicable laws and regulations.
GiveStep shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including any acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failures, problems or delays in or with the Internet or electric or other power sources.
Thank you for reading and agreeing to these Terms. Please direct any questions or comments regarding these Terms by email to firstname.lastname@example.org, or by sending GiveStep a message through the "Contact GiveStep" page.