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Terms of Service

Terms of Use
Last Updated: July 12, 2015

 

These Terms of Use (the “Terms”) govern your use of the website located at www.pledge1percent.org (the Site”), which is owned and operated by Pledge 1%, a program of Entrepreneurs Foundation of Colorado and The Community Foundation (“Pledge 1%,” “us” and “we”), and the services provided through the Site (“Services”).

Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In the event of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the Service to which the additional terms apply.

These Terms set forth the legally binding terms and conditions that govern your use of the Site AND SERVICES. By accessing or using the Site OR SERVICES, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Site OR SERVICES or accept theSE Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access or use the Site OR SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

in addition, THEse TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

THESE TERMS ARE SUBJECT TO OCCASIONAL REVISION. WE WILL NOTIFY YOU OF ANY CHANGES TO OUR TERMS BY POSTING THE NEW TERMS HERE: http://www.pledge1percent.org/terms.html. AFTER WE MAKE THE CHANGE AND WE WILL CHANGE THE “LAST UPDATED” DATE ABOVE. IF WE MAKE ANY SUBSTANTIAL CHANGES, WE MAY NOTIFY YOU BY SENDING YOU AN E-MAIL TO THE LAST E-MAIL ADDRESS YOU PROVIDED TO US (IF ANY), AND/OR BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON OUR SITE OR SERVICES. YOU ARE RESPONSIBLE FOR PROVIDING US WITH YOUR MOST CURRENT E-MAIL ADDRESS. IN THE EVENT THAT THE LAST E-MAIL ADDRESS THAT YOU HAVE PROVIDED US IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU THE NOTICE DESCRIBED ABOVE, OUR DISPATCH OF THE E-MAIL CONTAINING SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE OF THE CHANGES DESCRIBED IN THE NOTICE. ANY CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON THE EARLIER OF THIRTY (30) CALENDAR DAYS FOLLOWING OUR DISPATCH OF AN E-MAIL NOTICE TO YOU (IF APPLICABLE) OR THIRTY (30) CALENDAR DAYS FOLLOWING OUR POSTING OF NOTICE OF THE CHANGES ON OUR SITE OR SERVICES. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF OUR SITE OR SERVICES. CONTINUED USE OF OUR SITE OR SERVICES FOLLOWING NOTICE OF SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES.

  1. Access to and Use of the Site and Services

    1. License. Subject to these Terms, Pledge 1% grants you a non-transferable, non-exclusive, revocable, limited license to use the Site and Services for your personal use. The documents, information and content available on the Site or as part of the Services (collectively, the “Site Content”) are protected by copyright laws throughout the world.  Pledge 1% grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as a current or potential partner of Pledge 1%.
    2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, including any Site Content; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services, including the Site Content; (c) you shall not access the Site or Services, including the Site Content, in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Services, including the Site Content, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Site or in the Services (including in any Site Content) must be retained on all copies thereof.
    3. Modification. Pledge 1% reserves the right, at any time, to modify, suspend, or discontinue the Site or Services (in whole or in part, including any Site Content) with or without notice to you. You agree that Pledge 1% will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services or any part thereof.
    4. Ownership. You acknowledge that (a) the Site and Services are and will remain the sole property of Pledge 1% and are subject to protection under U.S. and foreign copyright laws; and (b) all the intellectual property rights in the Site and Services (including in any Site Content) are owned by Pledge 1% or its suppliers or licensors. Neither these Terms nor your access to the Site or Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Pledge 1% and its suppliers and licensors reserve all rights not granted in these Terms.
    5. Feedback. You agree that submission of any ideas, suggestions, and/or proposals to us (“Feedback”) is at your own risk and that Pledge 1% has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to provide us the Feedback. You hereby grant to Pledge 1% a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Pledge 1% will treat any Feedback you provide to Pledge 1% as non-confidential and non-proprietary and you agree that you will not submit to Pledge 1% any information or ideas that you consider to be confidential or proprietary.
  2. Making a Pledge

    1. Pledge Agreement.  Through our Services, you are invited to make a pledge of equity, product, profit or time for the community.  In order to make a pledge, you will need to accept the terms of the Pledge Agreement, located at http://www.pledge1percent.org/pledge-now.php.
    2. Pledge 1% Logo License.  Subject to these Terms and your acceptance of the Pledge Agreement, Pledge 1% grants you a non-exclusive, non-transferable, worldwide, royalty-free, non-sublicensable license to use the PLEDGE 1% logo, (the “Pledge 1% Mark”), solely on your website to indicate you have taken the pledge.  Pledge 1% may terminate your right to use the Pledge 1% Mark at any time for any reason or no reason at all.  Upon request by Pledge 1% at any time throughout the term of these Terms, you shall (a) promptly furnish to Pledge 1% samples of your use of the Pledge 1% Mark; and (b) permit Pledge 1% to inspect your website on which the Pledge 1% Mark is used.  You will use the Pledge 1% Mark with an appropriate legend, in exactly in the form provided and in conformance with the Pledge 1% trademark usage guidelines (“Trademark Usage Guidelines”), located at http://www.pledge1percent.org/logo-guidelines.html. You will not, and will not assist any third party to, at any time: (i) take any action inconsistent with Pledge 1%’s ownership of the Pledge 1% Mark, or the validity thereof; (ii) attempt to obtain any rights any trademark, service mark, trade name, trade dress, logo, URL or other intellectual property right, that is confusingly similar to or dilutive of, or that employs any part of the Pledge 1% Mark; or (iii) take any action detrimental to the goodwill or reputation of Pledge 1% or the Pledge 1% Mark, including by using the Pledge 1% Mark in any manner that will damage, disparage, tarnish, or denigrate Pledge 1% or its affiliates or the Pledge 1% Mark, or other marks, designations or names of Pledge 1% or its affiliates. You expressly acknowledge and agree that these Terms convey to you no right, title or interest in or to the Pledge 1% Mark other than that which is expressly set out in these Terms.  You acknowledge and agree that Pledge 1% is the exclusive owner of the Pledge 1% Mark and of all goodwill related thereto, that all rights to the Pledge 1% Mark shall at all times remain vested in Pledge 1%, and that all use of the Pledge 1% Mark by you and all goodwill derived therefrom shall inure solely to the benefit of Pledge 1%.
  3. Privacy Policy.

     Your use of the Site and Services is subject to the terms of our Privacy Policy.
  4. Indemnification.

    You agree to indemnify and hold harmless Pledge 1% (and its officers, employees, and agents) from and against any losses and liabilities, including costs and attorneys’ fees, that result from any claim or demand made by any third party due to or arising out of (a) your use of, or inability to use, the Site or Services; (b) your violation of these Terms; or (c) your violation of any applicable law or regulation. Pledge 1% reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to indemnify us, and you agree to cooperate with our defense of any such claim, action or proceeding. In addition, you agree not to settle any matter without the prior written consent of Pledge 1%. Pledge 1% will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  5. Third-Party Links & Ads.

    The Site or Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Pledge 1%, and Pledge 1% is not responsible for any Third-Party Links & Ads or the sites to which they may link. Pledge 1% provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads or the sites to which they link. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
  6. Disclaimers

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES AND ANY CONTENT, SERVICES OR INFORMATION PROVIDED BY THE SITE OR SERVICES, INCLUDING THE SITE CONTENT, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PLEDGE 1% (AND OUR LICENSORS AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. PLEDGE 1% DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES. INFORMATION PROVIDED THROUGH THE SITE OR SERVICES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT OR ACCESS IT AND MAY CONTAIN ERRORS.

  7. Limitation on Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLEDGE 1% (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES , HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF PLEDGE 1% HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR LICENSORS’ AND SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

  8. Term and Termination.

    Subject to this Section 8, these Terms will remain in full force and effect while you use the Site or Services. We may suspend or terminate your rights to use the Site and/or Services at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site and Services will terminate immediately. Pledge 1% will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.      
  9. General

    1. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (referred to herein as the “Arbitration Agreement”) carefully. It is part of your contract with Pledge 1% and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, and A JURY TRIAL WAIVER.
      1. Contact Pledge 1% First. If a dispute arises between you and Pledge 1%, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Pledge 1% regarding our Site or Services by emailing director@pledge1percent.org.
      2. Applicability of Arbitration Agreement. All claims and disputes that arise in connection with the Terms or the use of any product or service provided by Pledge 1% that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Pledge 1%, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
      3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Arbitration Agreement. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case any hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      4. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
      5. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Pledge 1%, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pledge 1%.
      6. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Pledge 1% in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PLEDGE 1% WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
      7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Denver, Colorado.
      8. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to a court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
      9. Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
      10. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
      11. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Pledge 1%.
      12. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Denver, Colorado, for such purpose.
      13. Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
    2. Export. The Site and Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Pledge 1%, or any products utilizing such data, in violation of U.S. export laws or regulations.
    3. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    4. Electronic Communications. The communications between you and Pledge 1% use electronic means, whether you use the Site or Services or send us emails, or whether Pledge 1% posts notices on the Site or Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pledge 1% in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pledge 1% provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    5. Miscellaneous. These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Pledge 1% is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Pledge 1%’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Pledge 1% may freely assign these Terms. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
    6. Copyright/Trademark Information. Copyright © Pledge 1%. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. Except as otherwise set forth in in these Terms and in our Trademark Usage Terms,  you are not permitted to use the Marks without our prior written consent or the consent of such third party which may own the Marks.
    7. Contact Information. Pledge 1%’s contact information for any end-user questions, complaints or claims with respect to the Site or Services is: director@pledge1percent.org.