TERMS OF SERVICE

Last updated on August 29, 2010
 

1. ACCEPTANCE OF TERMS

The web site provided at endorseforacause.com, related domains (e.g., efac.bz, efac.me), all linked pages, and all functionality provided on partner sites (the "Service") is the property of Endorse for a Cause, Inc. ("EFAC"), a Delaware corporation. The terms governing the use of the Service are described below.

PLEASE READ THE FOLLOWING TERMS OF SERVICE FULLY AND CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY ALL TERMS REPRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, THEN YOU MAY NOT UTILIZE THE SERVICE OR IN ANY WAY ACCESS THE CONTENT PROVIDED BY THE SERVICE. THESE TERMS OF SERVICE COMPRISE THE ENTIRE AGREEMENT BETWEEN YOU (the "User") AND EFAC AND SUPERCEDES ALL PRIOR AGREEMENTS BETWEEN YOU AND EFAC REGARDING THE SUBJECT MATTER CONTAINED HEREIN.
 

2.MODIFICATION OF TERMS OF SERVICE

EFAC reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, EFAC will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at EFAC's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
 

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Service, EFAC provides Users with access to a variety of features that allow its Users to learn more about non-profit Causes and to support those Causes. Features include personal testimonials, campaigns, votes of support, corporate endorsements and various messaging capabilities. During use of the service, you will have the opportunity to submit information ("Your Content") for distributing on your personal EFAC page, through messages to your friends, or through other Service features. All user content plus the content created by EFAC and its partners, effectively all content represented by the Service, will be referred to as "Service Content".
EFAC may change or discontinue Service features at any time, for any reason, and may impose restrictions on how features are accessed. EFAC may provide advertisements with the Service. You also understand that EFAC may also provide certain communications to Users, such as service announcements and administrative messages, that are considered part of the EFAC membership and that you may not opt out of receiving. Unless otherwise stated, all new features added to the Service in the future will be subject to the Terms of Service. You understand that the Service is provided on an "as-is" basis and that EFAC offers no warranties of any kind on the performance or availability of all or parts of the Service.
 

4. YOUR REGISTRATION OBLIGATIONS

In order to use many of the features of the Service, you must register for membership by submitting your email address, selecting a password, and creating a user name. By registering, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree that the information you provide during registration is complete, updated and accurate. You may not (i) submit another person’s email address, (ii) select a user name with the intent of impersonating someone else, or (iii) select a user name that is otherwise offensive, vulgar or obscene. You are also responsible for maintaining the confidentiality of your EFAC password. Failure to comply with any of these conditions of registration may result in the immediate and permanent suspension of your EFAC account. EFAC reserves the right to refuse registration or cancel an EFAC account in its own discretion.
 

5. USER CONDUCT

You agree that you will not, or enable others, to do any of the following:
  • a. use the Service to abuse, harass, threaten, impersonate or intimidate other EFAC users;
  • b. use the Service to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other non-sanctioned mass messaging, whether commercial in nature or not;
  • c. use the Service to publish other persons’ personal information (e.g., social security number, address, credit card accounts);
  • d. use the Service to publish, post or transmit content that knowingly contains profanity, obscenities, falsehoods or misleading statements;
  • e. use the Service for promotional or commercial purposes, except as expressly allowed in writing by EFAC;
  • f. use the Service for keyword spamming or to otherwise attempt to manipulate natural search results;
  • g. use the Service to promote bigotry or discrimination against protected classes;
  • h. use the Service to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • i. use the Service to submit or transmit pornography or illegal content;
  • j. use the Service to solicit personal information from minors or to harm or threaten to cause harm to minors;
  • k. use the Service in violation of the Terms of Service or any applicable law;
  • l. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service Content (other than Your Content), except as expressly authorized by EFAC;
  • m. reverse engineer any portion of the Service, except as may be permitted under the law;
  • n. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied from the Service;
  • o. record, process, or mine information about other users;
  • p. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service or any Service Content;
  • q. access, retrieve or index the Service for purposes of constructing or populating a searchable database of company endorsements or non-profit Cause testimonials;
  • r. reformat or frame any portion of the Service;
  • s. attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  • t. use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

6. USE OF YOUR CONTENT

By creating and posting content to the EFAC Service, you warrant that you own all rights to the Content, and you irrevocably grant us rights to use Your Content in any number of ways, including displaying it on the site, reformatting it, incorporating it into other works, creating derivative works from it, and allowing others to do the same in connection with their own web sites and other content publishing platforms. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Finally, we may remove or reinstate Your Content, and other user content, from time to time at our sole discretion.
 

7. RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein.
 

8. SERVICE AVAILABILITY

EFAC reserves the right to update, modify or suspend the Service at any time for any reason, at our discretion, and without notice or liability.
 

9. TERMINATION

  • 1. We may terminate or suspend your account or ability to use the Service, in part or as a whole, at our sole discretion, and without notice or liability.
  • 2. You may terminate the Terms of Service at any time by closing your account and discontinuing your use of any parts of the Service. We will use commercially reasonable efforts to suspend the display of Your Content on the Service, however parts of Your Content may continue to be displayed where it has been linked or incorporated by other Users of the Service.
  • 3. In the event of termination by either party, Sections 6, 11, 12, 13, and 14 of the Terms of Service will continue in full force and effect, including our rights to use Your Content as represented in Section 6.

10. PRIVACY POLICY

EFAC's Privacy Policy is available here www.endorseforacause.com/privacy , and is incorporated in these Terms of Service by this reference.
 

11. WARRANTIES, DISCLAIMERS, AND LIMITS OF LIABILITY

  • 1. You acknowledge that EFAC has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service Content may have on you; how you may interpret or use the Service Content; or what actions you may take as a result of having been exposed to the Service Content. You release EFAC from all liability for you having acquired or not acquired Service Content through the use of the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. EFAC makes no representations concerning any content contained in or accessed through the Service, and EFAC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
  • 2. THE SERVICE AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • 3. IN NO EVENT SHALL EFAC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. INDEMNITY

You agree to indemnify and hold harmless EFAC, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or EFAC user name, of any intellectual property or other right of any person or entity.
 

13. THIRD PARTIES

The Service may provide, or third parties may provide, links to other web sites or resources. Because EFAC has no control over such sites and resources, you acknowledge and agree that EFAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EFAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
 

14. MISCELLANEOUS

  • a. If there is any dispute about or involving the Service or EFAC, you agree that any such dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Fulton County, Georgia.
  • b. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
  • c. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
  • d. The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
  • e. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  • f. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
  • g. The Terms of Service are not assignable, transferable or sublicensable by you except with EFAC's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

15. TRADEMARKS

Endorse for a Cause, EFAC and the Endorse for a Cause logo are proprietary service marks of Endorse for a Cause, Inc.