Terms and Conditions

Introduction

Welcome! You have arrived at Benefact4 (the “Application”), an application owned and operated by Benefact4, LLC a Massachusetts limited liability company (“Company” or “Benefact4” or “we,” “our” or “us”). 

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, a refund is handled by Apple, not Benefact4. If you wish to request a refund, please visit  https://getsupport.apple.com. If you subscribed using your Google Play Store account, please contact the Company’s customer support at info@benefact4.com.   

1. Acceptance Of Terms Of Use.

This Application allows you to track your donations and participation in other activities such as mentoring, walking, running, or participating in other activities ) on behalf of certain charities  By creating a Benefact4 account or by using any Benefact4 service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms and Conditions or “Terms of Use” and (ii) the Company’s Privacy Policy each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not access or use the Service.  

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW.  THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND BENEFACT4. 

2. Your Eligibility & Representations and Warranties

You must be at least 18 years of age to create an account on Benefact4 and use the Service. By creating an account and using the Service, you represent and warrant that:  

  • you can form a binding contract with the Company;  
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition);  
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; 
  • you are solely responsible for determining whether any donations are considered tax exempt under applicable law; 
  • you will use the latest version of the Service (via app or website); 
  • you do not have more than one account on the Service; and  
  • you have not previously been removed from the Service by us, unless you have our express written permission to create a new account.  

If you fail to meet these requirements, you are not authorized to access the Company’s Service or systems, If you initially meet these requirements but at any time you cease to meet these requirements, all authorization to access the Company’s Service or systems is automatically revoked, and you must immediately delete your account.  

3. Your Account.

In order to use Benefact4, you may sign in using a number of ways. For more information regarding the information the Company may collect from you and how Benefact4 may use it, please consult the Company’s Privacy Policy.  You are responsible for maintaining the confidentiality of your login credentials that you use to sign up for Benefact4, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact the Company’s Customer Service at info@benefact4.com.

4. Modification of this Service and Termination.

Benefact4 always strives to improve the Service and bring you additional functionality that you will find engaging and useful. This means Benefact4 may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, Benefact4 may not provide you with notice before removing them. The Company may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.  

You may terminate your account at any time, for any reason, by following the instructions in the Service. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing.  

Benefact4  may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and the Company: Section 4, and Sections 8 through 15.

5. End User License Agreement (EULA)

5.1) Rights Granted to you by Benefact4

Benefact4 grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Benefact4 and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following 

  • use the Service or any content contained in the Service for any commercial purpose without Benefact4’s written consent.  
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Benefact4’s prior written consent.  
  • express or imply that any statements you make are endorsed by Benefact4. 
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.  
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.  
  • upload viruses or other malicious code or otherwise compromise the security of the Service.  
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.  
  • “frame” or “mirror” any part of the Service without Benefact4’s prior written authorization.  
  • use meta tags or code or other devices containing any reference to Benefact4 or the Service (or any trademark, trade name, service mark, logo or slogan of Benefact4) to direct any person to any other website for any purpose.  
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.  
  • use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.  
  • use, access, or publish the Benefact4 application programming interface without our written consent.  
  • probe, scan or test the vulnerability of our Service or any system or network.  
  • encourage, promote, or agree to engage in any activity that violates this Agreement.  

Benefact4 may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including termination of your account.  

Any software that Benefact4 provides, you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

5.2) Rights Granted to Benefact4 by You

By creating an account, you grant to Benefact4 a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Google, or Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”).  Benefact4’s license to your Content shall be non-exclusive, except that Benefact4’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Benefact4 would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Benefact4 can prevent the use of your Content outside of the Service, you authorize Benefact4 to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Benefact4 members).  

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Benefact4 above.  

You understand and agree that Benefact4 may monitor or review any Content you post as part of the Service. Benefact4  may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.  

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, Benefact4 reserves the right to immediately terminate your account.  

In consideration for Benefact4 allowing you to use the Service, you agree that Benefact4, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Benefact4 regarding our Service, you agree that Benefact4 may use and share such feedback for any purpose without compensating you.  

You agree that Benefact4 may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.  

5.3) Community Rules

By using the Service, you agree that you will not:  

  • use the Service for any purpose that is illegal or prohibited by this Agreement.  
  • use the Service for any harmful or nefarious purpose.  
  • use the Service in order to damage Benefact4.  
  • impersonate any person or entity or post any images of another person without his or her permission.  
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.  
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.  
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.  
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.  
  • use another user’s account, share an account with another user, or maintain more than one account.  
  • misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.  
  • create another account if we have terminated your account, unless you have our permission.  

THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS.   Benefact4 reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Benefact4 regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules or this Agreement or any other community guidelines, the Service will be automatically revoked.  

5.4) Reporting Inappropriate or Unlawful Content of Other Member.

Although Benefact4 reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Benefact4 cannot guarantee that all Content will comply with this Agreement at all times. If you see Content or encounter inappropriate behavior on the Service that violates this Agreement, please report it as soon as possible within the Service (by clicking on the appropriate report links) or by email to Benefact4 Customer Service at info@benefact4.com

6. Purchases

Generally. From time to time, Benefact4 may offer products and services for purchase (“in app purchases”) through the App Store, and Google Play Store. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play Store or the App Store) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Benefact4 or the third party account, as applicable, to charge you.  

Auto-Renewal. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.  

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Benefact4 if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Benefact4 application from your device.  Deleting your account on Benefact4 or deleting the Benefact4 application from your device does not terminate or cancel your subscription; Benefact4 will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Benefact4 or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.  

You may edit your Payment Method information by visiting Benefact4 and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.  

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.  

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin, the terms below apply: 

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Benefact4) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.  

To request a refund: If you made a purchase using your Apple ID, refunds are handled by Apple, not Benefact4. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you subscribed using your Google Play Store account or thorough Benefact4 directly: please contact Benefact4 Customer Service at info@benefact4.com  to request a refund.

7. Procedure for Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request.  If you contact us regarding alleged copyright infringement, please be sure to include the following information:  

  • an electronic or 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 Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);  
  • your contact information, including address, telephone number and email address, and the copyright owner’s identity;  
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  
  • 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.  

Benefact4 will terminate the accounts of repeat copyright infringers.  

8. Third Party Links and Content

There may be links from the Service or communications you receive from the Service to third-party websites or applications. Also, our Service may include third-party content that we do not control, maintain or endorse. Accessing those third-party sites or applications requires you to leave our Service. We do not control those other sites or applications, or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or applications, including, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.  

YOUR COMMUNICATION AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICE, INCLUDING DONATIONS, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ENCOURAGE YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE OR APPLICATION THAT YOU VISIT. 

9. Disclaimers of Warranties

WE HOPE YOU ENJOY THE SERVICE AND ALSO HOPE THE SERVICE WILL FUNCTION PROPERLY HOWEVER, YOUR ACCESS TO AND USE OF THE SERVICE, THE APPLICATION AND/OR THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. THEREFORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR PARENT, AFFILIATES, SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”), HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AS TO THE SERVICE, THE CONTENT, THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE SERVICE; ANY PRODUCTS, SERVICES, OR INSTRUCTIONS OFFERED, REFERENCED OR LINKED THROUGH THE SERVICE; WHETHER THE SERVICE, THE CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE); WHETHER ANY INFORMATION OR INSTRUCTIONS ON THE SERVICE ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE; WHETHER ANY DEFECTS TO THE SERVICE WILL BE REPAIRED; AND WHETHER YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. 

THE COMPANY PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE 

10. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE AND/OR THE CONTENT, YOUR USE OF OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICE; ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION; OR ANY DAMAGE TO ANY USER’S DEVICE, COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION. 

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF COMPANY PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE APPLICATION). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE APPLICATION AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION. 

A) WAIVER OF INJUNCTIVE RELIEF.

YOU ALSO AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OF THE SERVICE OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

B) WAIVER OF UNKNOWN CLAIMS.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND BY SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 

11. Indemnification.

You agree to indemnify, defend and hold harmless the Company Parties from and against any claims, damages, losses, costs, liabilities, judgments, settlements, and expenses, including reasonable attorneys’ fees, resulting from (a) your Content; (b) your use of the Service or activities in connection with the Service; (c) your breach or alleged breach of this Agreement; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your device used to access the Service, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or another right of any person or defames any person; or (f) any misrepresentation made by you.  

You will cooperate as fully required by any Company Party in the defense of any claim.  Notwithstanding the foregoing, each Company Party retains the exclusive right to settle, compromise and pay any claims, demands, proceedings, suits, actions, or causes of action that are brought against it. Each Company Party reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the respective Company Party. 

12. Location of Application and Territorial Restrictions

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Service from offices located in the United States. We make no representations or warranties that the information, products, or services contained in the Service are appropriate for use or access in other locations. Anyone using or accessing the Service from other locations does so on their initiative and is responsible for compliance with the United States, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide

13. Governing Law, Jurisdiction and No Class Actions

THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT THE EXCLUSIVE JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE APPLICATION, THE USE OR ACCESS THEREOF, OR THIS AGREEMENT OR THE CONTENT MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN AND/OR SERVING PLYMOUTH COUNTY, MASSACHUSETTS AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN AND/OR SERVING  PLYMOUTH, MASSACHUSETTS  FOR ANY SUCH LEGAL PROCEEDING.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE CONCERNING THE SERVICE, THE CONTENT AND/OR THE AGREEMENT  MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. 

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE SERVICE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. 

14. Updates to Terms

We reserve the right to modify or add to this Agreement, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Service so that they are accessible via a link on the home page of the Service and that your use of the Service after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. 

15. Miscellaneous

If we fail to act concerning any breach of this Agreement by you or others, that does not constitute a waiver and will not limit our rights concerning such breach or any subsequent breaches. We shall not be deemed to have waived any provision of this Agreement unless we do so in writing that is signed by one of our duly authorized officers. We may assign our rights and duties under this Agreement to any party at any time without any notice to you. You may not assign this Agreement to anyone. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these this Agreement and will not affect the validity and enforceability of any remaining provisions. You agree that this Agreement will not be construed against us by our having drafted them 

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