ACTOFGOOD.ORG GENERAL TERMS OF USE

(Last Modified: February 26, 2009)

About ActofGood

Welcome to ActofGood.org! The ActofGood.org website (collectively, the “Site”) is a social platform operated by or on behalf of ActofGood, LLC (“ActofGood”) designed to connect people with the causes they care about by providing individuals, charities and other causes a means for education, discussion, donation and involvement on both a local and national scope, for organizations large and small. From increasing awareness and expanding membership to providing current information to a targeted audience and facilitating special events, ActofGood.org interactively joins organizations and their supporters. References to “we” or “us” herein refer to ActofGood.

Please read these terms and conditions relating to your use of the Site carefully. By using this Site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. The Site also may contain additional terms that govern particular features or offers ("Additional Terms"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and the Additional Terms. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions please do not use this Site.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Site, then these terms shall control.

Scope of General Terms of Use

These terms and conditions apply to your use of the Site as a visitor (e.g., someone just browsing the ActofGood.org website) or as a registered individual end user (e.g., someone who has completed a registration on the ActofGood.org website). These terms and conditions do not apply to your use of other websites to which this Site links. If you wish to become a registered individual end user of the Site, build your own profile on the Site, make donations to charitable organizations participating on Site, communicate with other registered end users, or otherwise make use of the Site, you must read these terms and conditions and indicate your agreement to them as part of the individual end user registration process on the Site.

If you are a representative of a charitable or other cause organization that wishes to participate on the Site, before participating on the Site, your organization must first agree to ActofGood’s standard Charity Participation Agreement or Cause Participation Agreement and complete ActofGood’s charity or cause registration process. Please contact ActofGood by info@actofgood.org with any inquiries regarding participation on the Site as a charitable or cause organization. Any use by a charitable or cause organization of the Site without first completing such steps is prohibited.

Services

The Site is a social platform designed to provide individuals a place to interact with others individuals in connection with charitable and social causes and for charitable or cause organizations to promote their events and causes to interested individuals. Both individuals and charitable or cause organizations must register with the Site in order to participate. While there are presently no fees associated with visiting or registering as an individual end user with the Site, ActofGood reserves the right to make parts of the Site available only to individuals who purchase a premium product or service at an additional charge.

The specific services that comprise the Site and are available for your use will vary depending on whether you have registered with the Site. Additionally, you acknowledge that ActofGood may make changes to the Site from time to time, introducing new or different features and functions, including the discontinuation of some or the entire Site.

Parental Permission and Eligibility

We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. We prohibit registration by children under the age of 13 for the Site. We will not knowingly collect personally identifiable information from children under 13. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian, and we may limit access to certain portions of the Site to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy Statement

Please review our privacy statement at http://www.actofgood.org/privacy to understand our practices related to our collection and use of personal information via the Site. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of the Site and our business, we may disclose any information we consider necessary or appropriate, including, without limitation, your IP address, usage history and other information. Our right to disclose such information shall supersede in the case of any conflict with the terms of our privacy statement.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or sending you messages through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Term

These terms and conditions (as modified by ActofGood from time to time) shall remain in full force and effect while you visit the Site or are a registered end user. You may terminate your registration at any time, for any reason, by going to “Edit Profile”, selecting “Cancel Account” (on the bottom right-hand corner) and following the steps, or by e-mail to legal@actofgood.org. ActofGood may terminate your registration, or otherwise suspend your right to use the Site, at any time, without warning.

Account Password

When you register for the Site, you will be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password. ActofGood may assume that any individual accessing your account with your password is you and you shall be responsible for all acts or omissions committed by such individual. You agree not to use the account, user ID, or password of any other registered end user or to disclose your password to any third party. You must notify ActofGood immediately if you suspect or become aware of unauthorized use of your account or access to your password.

ActofGood Property

All software and content on this Site, such as text, graphics, logos, button icons, images, audio clips, games, and other software and items are the exclusive property of ActofGood or its licensors and are protected under United States and international intellectual property laws, including copyright laws.

License and Site Access

Unless otherwise expressly specified, the Site is for your personal and non-commercial use. You may not download, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. ActofGood hereby grants you a limited, personal, non-transferable and revocable license to access and make use of the Site and the features available on the Site in accordance with these terms and conditions, and for no other purpose. You acknowledge that certain features of the Site may not be accessible without registration or are subject to Additional Terms. You may not use any feature of the Site that is accompanied by or includes Additional Terms unless you first agree to the Additional Terms. Any reproduction or redistribution of the software or content on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not frame or utilize framing techniques to enclose any portion of the Site without our express written consent. You may not use any ActofGood logo or proprietary mark, or any meta tags or other “hidden text” utilizing ActofGood’s name or such logos or marks, without the express prior written consent of ActofGood. Any unauthorized use of the Site terminates the permission or license granted by ActofGood.

ActofGood does not provide you with access to the Internet or the equipment necessary to access the Internet or the Site. You are responsible for the fees charged by other parties to obtain access to the Site and for providing the equipment necessary for such access.

Materials You Submit to the Site

You are solely responsible for any text, files, images, photos, video, music, works of authorship, or any other materials or information (collectively, “Content”) that you might post or upload to the Site or otherwise provide to ActofGood. You shall remain the owner of such Content, but by posting your Content on the Site or otherwise providing it to ActofGood, you hereby grant to ActofGood, its affiliates and necessary sublicensees a worldwide, perpetual, fully-paid and royalty-free, irrevocable, non-exclusive right and license to use your Content in connection with the operation and marketing of the Site including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, modify and reformat your Content and the right to sublicense such rights to any partner or licensor of ActofGood in connection with the Site. In addition, ActofGood is free to use any suggestion you may provide regarding improvement of the Site without any accounting to you and ActofGood shall be the sole owner of any resulting works or other intellectual property developed using such suggestion. No compensation will be paid with respect to the use of your Content or suggestions, as provided herein.

You hereby represent and warrant that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content and that your posting of the Content on the Site does not violate the privacy or other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content posted by you to or through the Site.

ActofGood may remove any Content that in its sole judgment violates these terms and conditions or which may otherwise be offensive, illegal or violate the rights, harm or threaten the safety of any third party. ActofGood assumes no responsibility for monitoring the Site for inappropriate Content or to modify or remove any inappropriate Content. ActofGood is not responsible for the conduct of any end user submitting any inappropriate Content. If you find Content that you believe to be offensive or that you believe violates these terms and conditions, please notify ActofGood. We may choose to investigate such complaints and, if so, will take actions we determine to be appropriate, including up to removing of the Content and terminating the access of an end user. However, we reserve the right not to take any action.

Donations and Interactions with Charitable or Cause Organizations

While ActofGood does some investigation of charitable organizations wishing to register and participate on the Site, ActofGood makes no representations and warranties relating to any charitable or cause organization, including without limitation a charitable organization’s continued status as a 501(c)(3) organization. ActofGood has no control over the operations of charitable or cause organizations participating on the Site and disclaims all liability for the acts or omissions of such charitable or cause organizations. You acknowledge that it is your responsibility to fully investigate any charitable or cause organization on the Site and to decide whether you are comfortable making a donation or otherwise assisting or transacting with such organization. We recommend that you consult resources that may help you educate yourself on the activities of such organizations, such as www.charitynavigator.org or the Better Business Bureau or the Secretary of State office in the state where the charitable or cause organization is located. You should also feel free to request additional information directly from the charitable or cause organization.

You acknowledge that all donations and other transactions are made directly between you and the charitable or cause organization. ActofGood has no role in the donation or transaction process other than to facilitate your access to the payment processing services used by the charitable or cause organization. ActofGood does not receive access to any of the monies of your donation or transaction or take a percentage of your donation or transaction. However, you acknowledge that the payment processing services used by the charitable or cause organization may charge processing fees which will be taken out of your donation or transaction payments or otherwise charged to you.

If you have any issue with respect to a donation or transaction you conducted with a charitable or cause organization on the Site, please contact the applicable charitable organization directly to resolve the matter. ActofGood reserves the right, but has no obligation, to monitor or help resolve the dispute.

Establishing a Payment Method and Purchasing Subscriptions

If you wish to make donations or transactions with a charitable or cause organization, or purchase any products or services on the Site that require payment of fees, you shall need to submit information regarding a designated payment instrument when you make a given purchase. This information shall be used in processing any purchases made with your account.

By entering a designated payment method, you hereby confirm that you are authorized to use the payment method you designate.

Prices

With respect to any fee-based portions of the Site, all prices exclude all taxes. To the extent permitted by law, these taxes are your responsibility. All prices are states and shall be charged in United States dollars. Any currency exchange settlements shall be based on your agreement with the provider of your designated payment method. ActofGood reserves the right to change such prices from time to time. We shall notify you of any changes to the prices before such changes take effect. If there was a time period associated with the service you purchased, the price at the time you purchased such service shall remain in effect for such time period. Thereafter, the new price shall apply. If you purchase a service that is designated as a monthly or other periodic basis, unless expressly stated otherwise, such service shall automatically renew from month to month (or such other period that applies to the service) and you shall be charged any applicable fees for such renewal, unless you cancel your subscription prior to the renewal period. A late fee of 1.5% per month (or the maximum amount permitted by law, whichever is less) shall be assessed on all fees not paid on time.

If you do not wish to accept a change in the price of a service as described above, then you must cancel the service prior to the effective date of the price change and your access to such service shall end immediately upon such cancellation (unless expressly provided otherwise). If you have elected not to renew a monthly or other periodic service, your access to the service shall end upon the expiration of the original service period. Unless expressly agreed otherwise, or as required by law, all charges are non-refundable.

Electronic Receipts

ActofGood shall send you e-mail receipts of all purchases made using your billing account to the e-mail address associated with your account on the Site (excluding donations or transactions with a charitable organization). You accept the sufficiency of such e-mail receipts and agree that it is your duty to print or save each e-mail receipt for your records. ActofGood is not responsible for any problem you may have in receiving such e-mail receipts, including your spam filter settings, and no such problem shall excuse you of your payment obligations.

Review of Charges

It is your responsibility to review all of your e-mail receipts for accuracy and to notify us of any error within 90 days after the date you receive the relevant account statement from your designated payment method provider or such amounts will be deemed to have been accepted by you. You hereby release ActofGood from any liability for any error that is not reported to ActofGood within such period.

Taxes

ActofGood provides no tax or legal advice to you. Please consult and rely on your own advisors for any tax consequences related to making charitable donations to non-profit organizations through the Site. ActofGood makes no representation or warranty as to whether any portion of the donations anyone makes to any charity is tax deductible. ActofGood disclaims all liability for any claim by any federal, state or other governmental taxing authority with respect to your characterization of any donations you make through the Site.

Links to Third Parties

These terms and conditions apply only to this Site, and not to the websites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other website to which this Site links. We do not endorse or take responsibility for the content or materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website's administrator or webmaster.

Other websites may link to this Site only through a plain-text link. Permission must be granted by us for any other type of link to this Site. To seek our permission, you may write to info@actofgood.org. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion at any time.

Proper Conduct

As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is prohibited by these terms and conditions or the Additional Terms, is unlawful, or otherwise inappropriate. You may not use the Site in any manner which could damage the Site, render the Site unavailable or impair the functionality or access to any portion of the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. With respect to any interactive features of the Site, you agree to use such features only to post, send and receive information that is proper and related to such features.

For example, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload or otherwise make available material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or other disabling code.

Use any material or information made available through the Site in any manner that infringes any intellectual property right of any party.

Violate any code of conduct or other guidelines which may be applicable for any particular feature of the Site.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

ActofGood has no obligation to monitor the interactive features of the Site. We reserve the right to review materials posted to such features and to remove any materials in our sole discretion. ActofGood reserves the right to terminate your access to any or all of such features of the Site at any time without notice for any reason whatsoever.

Disclaimers

THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. CHANGES ARE PERIODICALLY MADE TO THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE. ACTOFGOOD AND/OR ITS RESPECTIVE PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE 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 OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, SUITABILITY, TIMELINESS, ACCURACY, RELIABILITY, OR OTHERWISE.

ACTOFGOOD IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT ACTOFGOOD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT ACTOFGOOD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability

IN NO EVENT SHALL ACTOFGOOD AND/OR ITS PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Jurisdiction Issues and Governing Law

We control and operate this Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Presently, the Site is not open to registration from individuals who would access this Site from outside of the United States. You represent and warrant that you are located, and making use of the Site, from within the United States. If ActofGood decides in the future to open participation on the Site to other locations it will place a notice on the Site, but in such an event individuals registering from such other locations still do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms and conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Chicago, Illinois.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ActofGood as a result of this agreement or use of the Site. You agree to indemnify and hold ActofGood, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. Along with the privacy statement and any applicable Additional Terms, this is the entire agreement between you and us relating to the subject matter it contains and supersedes all prior or contemporaneous communications. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Proprietary Notices and Procedures for Making Claims of Copyright Infringement

ActofGood.org and “Do Good. Be Great.” referenced herein are either trademarks, service marks or other proprietary indicia of ActofGood and/or its licensors.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ActofGood with the written information specified below.

Please note that this procedure is exclusively for notifying ActofGood that your copyrighted material has been infringed.

A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your street address, telephone number, and e-mail address;

A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send such notice to: ActofGood, Attention: Legal, 350 W. Hubbard St., Suite 250, Chicago, IL 60654, U.S.A.