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