Terms of Service

Last Updated: February 8, 2023

Force4Good, Inc., a Delaware corporation (referred to throughout as “Force4Good”, “Company”, “us”, “we”, or “our”) provides an online fundraising platform and other related services and owns and operates www.force4good.com. These Terms of Service (the “Terms”) apply to the www.force4good.com website, any other websites or webpages we own or operate that include a link to these Terms, and the logos, designs, text, graphics, software and other content and materials made available through the foregoing (collectively referred to as the “Website”). The Website provides users with access to information and materials about the Company. These materials may include information related to certain services offered by Force4Good (the “Services”). Any person that accesses, uses or registers with the Website (referred to throughout as “you”, or “your”) agrees to be contractually bound by these Terms.

YOUR USE AND ACCESS OF THE WEBSITE, INCLUDING ANY OF THE SERVICES OR FEATURES ACCESSIBLE THEREIN, CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. BY ACCESSING THE WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY SUCH TERMS. IF YOU DO NOT WISH TO USE THE WEBSITE IN ACCORDANCE WITH THESE TERMS, THEN YOU SHOULD IMMEDIATELY DISCONTINUE USING THE WEBSITE.

1. Updates. We may update or change these Terms from time to time without notice to you. The most recent modification date will be noted by the “Last Updated” date at the top of this page. You agree that you will regularly check these Terms for updates or changes.
   
   
2. Your Responsibilities. By accessing, using or registering with the Website, you represent, warrant and irrevocably covenant that:
   
   • You have the authority to agree to these Terms.
   • You will comply with all policies posted on the Website.
   • Your use of the Website will not violate any applicable law, rule or regulation.
   • Your use of the Website will not infringe on the rights of any third parties.
   • You will at all times supply true, accurate, current and complete information to us, and you will not misrepresent yourself to the public through your use of the Website.
   • You will not upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files of any kind.
   • You will not upload, post or otherwise submit any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, harmful, obscene, profane, threatening, invasive of a person’s privacy, in violation of any law, rule or regulation, or otherwise inappropriate.
   • You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age.

   
   To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, as described below, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

   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 this Website 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. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

3. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
   
   • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
   • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
   • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
   • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
   • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

   
   Additionally, you agree not to:

   • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
   • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
   • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
   • Use any device, software, or routine that interferes with the proper working of the Website.
   • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
   • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
   • Otherwise attempt to interfere with the proper working of the Website.
     
     
4. International Use. Our services are not intended for use by organizations organized under the laws of countries other than those of the United States of America. You represent, warrant and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or designated by the United States as a “terrorist supporting” country or (ii) are listed on any United States government list of prohibited or restricted parties.
   
   
5. Additional Policies. Our policies posted or otherwise made available on the Website, including those below, are incorporated into these Terms. For information about our privacy practices, please read our Privacy Policy here force4good.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy explains how we collect, use, share and secure your personal information in connection with the Website. By using the Website, you agree to the terms of our Privacy Policy.
   
   
6. Availability. As the provider of the Website, we reserve the right to discontinue, terminate, modify, suspend or make improvements to the Website, including any features or services provided by or through the Website, in whole or in part, for any or no reason, without notice to you. You understand and agree that we will not be liable to you or any third party for any discontinuance, termination, modification or suspension of the Website.
   
   
7. Intellectual Property. The Website, including its various features and services, and all underlying software and code, is owned by us, our licensors and/or our clients and protected under applicable copyright, trademark and other intellectual property laws. You understand and agree that your use of the Website in no way gives you a right, title or interest in the Website or the intellectual property owned or licensed by us. You agree to use the Website strictly in accordance with these Terms and only as it is intended to be used. All other uses are strictly prohibited. You may not copy, emulate, rent, lease, sell, modify, decompile, disassemble, reverse-engineer or transfer the Website or any part of it. You may not use any device or software to interfere or attempt to interfere with the proper working of the Website. Nothing in these Terms grants you any right to use any of our or our clients’ trademarks, service marks, logos, domain names, or any other related content.
   
   
8. User Contributions. By posting, uploading or transmitting content or information to, or through, the Website, you grant us a nonexclusive, irrevocable, perpetual, worldwide, sublicensable, royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website and our services and internally for any other business purpose, without accounting, attribution or compensation to you. You represent and warrant that you have all rights necessary to make available such content or information and to grant such license. You understand and agree that we are not obligated to review or monitor our Website users’ content, but we reserve the right to remove or modify such content for any reason, including any content that we believe violates these Terms or our policies.
   
   
9. Third Party. The Website may include links or direct connections to other websites, content or resources made available to you from third parties. For example, the Website may provide direct links to our clients’ websites or certain social-networking services. You understand and agree that we have no control over any such third-party applications, websites, content or resources, which are made available by companies or persons other than us. You understand and agree that we are not responsible for the availability of any such third-party applications, websites, content or resources. You further understand and agree that we are not liable to you for any loss or damage that may be incurred by you arising out of or from these third-party applications, websites, content or resources.
   
   
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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    

    YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE 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.
    
    
12. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
    
    
13. Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action, or proceeding arising out of or related to these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the city of Boulder and County of Boulder, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
    
    
14. No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, partnership or other formal business relationship between you and us.
    
    
15. No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be null and void.
    
    
16. Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and Force4Good regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
    
    
17. Severability. If any provision of these Terms is found to be unenforceable, invalid or illegal by a court of competent jurisdiction, this finding shall not render any other provision of these Terms unenforceable, invalid or illegal. We both agree that a court will have the authority to modify or replace the unenforceable, invalid or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal or unenforceable provision.
    
    
18. No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing, and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
    
    
19. Notices. You agree that we may provide you with notices in connection with the Website by email, postings on the Website and/or updates to these Terms.