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Terms & Conditions


TERMS OF USE

These Terms of Use governs your use of The FOR Project, LLC (“The FOR Project,” “we,” “our” or “us”) website, www.theforproject.com (the “Site”) or any of our mobile applications (each an “App”) (collectively referred to as the “Services”). By using the Services, you agree, without limitation or qualification, to be bound by these Terms of Use and our Privacy Policy. If you do not agree, please do not use these Services.

We may revise these Terms of Use at any time. Your continued usage of the Services will mean you accept those changes, and you agree comply with all applicable laws and regulations. The materials provided on the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

1. ELIGIBILITY

You must be 18 years of age or older to visit or use the Services in any manner. By visiting the Services or accepting these Terms of Use, You represent and warrant to The FOR Project that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to The FOR Project that you will use the Services in a manner consistent with any and all applicable laws and regulations.

2. USE OF THE SERVICES

2.1. Use Restrictions

The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from The FOR Project’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with us. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of us or our licensors.

The FOR Project authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2017, The FOR Project, LLC. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Services may be included elsewhere within the Services and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to us and our licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms of Use, we grant a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without The FOR Project’s written permission, “mirror” any Contents contained in the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. We reserve the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

2.2. User Submissions

The personal information you submit to us is governed by the Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

You may submit Content, including information and videos, to the Services through uploads, posts, input, submissions, or transmissions (each a “Submission”). You understand that The FOR Project does not guarantee any confidentiality with respect to any Submission. You shall be solely responsible for your own Submission and the consequences of submitting and publishing your Submissions on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish such Submission; and you license to The FOR Project all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content and Submission for publication on the Service pursuant to these Terms of Service. You further agree that Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.

For clarity, you retain all of your ownership rights in your Submission. However, by providing us with a Submission, you hereby expressly grant The FOR Project, its agents, licensees, and assigns a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Submission as-is or asedited (with or without using your name) in any media or medium, or any form, format, or forum now known or hereafter developed, throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you. Notwithstanding the foregoing, we are not required to use any Submission. You also hereby grant each user of the Service a non-exclusive license to access your Submission through the Service, and to use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Service and under these Terms of Use, including for commercial and other purposes.

You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of The FOR Project, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. We are not responsible for the consequences of any Submission. If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. We will have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Services upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms of Use.

2.3. Submission of Ideas

Our policy is to not accept or review unsolicited ideas or suggestions from persons outside The FOR Project. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to us through the Services or otherwise shall be the property of The FOR Project, and may be treated by us as non-confidential information. We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

2.4. Your Account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or stop providing a percentage of your sales to participating nonprofits in our sole discretion, if we believe there have been fraud or misuse of your account or credit card information.

3. TERMS OF TRANSACTION AND DONATIONS

3.1. Card-Linked Giving

The FOR Project raises money for 501(c)(3) public charitable organizations (the “non-profit”) through credit and debit card transactions, at no cost to the consumer or the non-profit. The FOR Project teams with merchants who reward customer loyalty with a cash incentive, which consumers direct to the nonprofit of their choice, bridging a connection from consumer to merchant to non-profit (the “Card-Linked Giving”).

On your first visit to The FOR Project, you will need to sign up for an account through the Services and select one non-profit to receive donations on your behalf from purchases you make at participating merchants. The FOR Project reserves the right to decide whether or not a chosen nonprofit can participate in The FOR Project. Should a consumer’s chosen nonprofit not be accepted, the consumer will be notified by The FOR Project to choose a different nonprofit organization. You can change your designated charity once per month. To change your charity, visit the “My Account” page on the Services to sign into your account.

When you make an eligible purchase, the participating merchant will remit a percentage (typically between 2% to 6%, although this can change at anytime) of the total sale to The FOR Project, at no additional cost to the consumer. The FOR Project then distributes the funds, less a service charge, to the consumer’s chosen nonprofit. If you register your credit card, but do not choose a designated nonprofit, The FOR Project reserves the right to choose a nonprofit to receive your merchant funded donations. The FOR Project reserves the right to change the applicable amount directed to the nonprofit at anytime. If a consumer’s chosen nonprofit refuses to accept the donation or cannot be contacted, The FOR Project reserves the right to distribute the funds to the nonprofit of the FOR Project’s choice. The FOR Project does not provide price protection or refunds to the consumer or the non-profit in the event of promotions, percentage decreases, or price decreases. If a customer returns a qualifying purchase for a refund, the customer’s nonprofit may not receive the merchant funded donation associated with that purchase.

Participating merchants can be found at www.theforproject.com/merchants. You also will need to link your credit or debit card to your FOR Project account so that we will know when you make an eligible purchase at a participating merchant.

3.2. Cancellation

You may cancel your Card-Linked Giving at any time by logging on to the “My Account” page through the Service. To cancel your Card-Linked Giving, log into The FOR Project, then go to manage your account on the my account page, from here you will click "EDIT CARD" on the card you want to remove, then click on "Delete". If you have any problems, please email us at info@theforproject.com.

4. LIABILITY OF THE FOR PROJECT AND ITS LICENSORS AND PARTNERS

The use of the Services or the Contents is at your own risk. The Contents in the Services could include technical inaccuracies or typographical errors. We may make changes or improvements at any time.

THE CONTENTS IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FOR PROJECT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE ASSUME NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY THE FOR PROJECT, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

5. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Service may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that we shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. We make no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

6. INDEMNITY

You agree to defend, indemnify, and hold The FOR Project, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use.

7. MODIFICATION OR SUSPENSION OF THE SERVICES

You agree that we may, in our sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

8. GENERAL

The FOR Project makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Use Restrictions, User Submissions, Submission of Ideas, Liability of The FOR Project and its Licensors and Partners, Indemnity, Applicable Laws, and Complete Agreement.

9. CHOICE OF LAW

These Terms of Use are governed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER

Please read this Section 10 (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlinedarbitration. The Minimum Standards are available at http://www.jamsadr.com/consumerarbitration/.

You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.

11. NOTICE AND TAKE DOWN PROCEDURES

If you believe any Submission accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from this Services by contacting The FOR Project (address identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
  • Your name, address, telephone number, and (if available) email address;
  • A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

The FOR Project, LLC
7742 Herschel Avenue
La Jolla, CA 92037
Attn: The FOR Project
Email: info@theforproject.com

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.

12. SEVERABILITY

If any of these provisions in the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of The FOR Project to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

13. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of The FOR Project on the Services, these Terms of Use, including our Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Service and Contents.