Last updated: September 22, 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.making-waves.org website (the “Site”). Your access to and use of the Site is your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

Any information provided by or collected from you is also subject to our Privacy Policy, which is incorporated by reference into the Terms. By using the Site, you acknowledge and agree that you have read and agree to the terms in our Privacy Policy. Additional terms and conditions of use may also be posted directly on other areas of the Site, and together with the Terms, as amended from time to time, are collectively referred to as the “Agreement.” The Agreement forms a binding agreement between you and us, and governs your use of the Site. “You” means the individual person entering this Agreement on his or her own behalf; or, if this Agreement is being entered on behalf of an organization, such as an employer, “you” means the organization on whose behalf which this Agreement is entered, and in the latter case, the person entering this Agreement represents and warrants that he or she has the authority to do so on your behalf.

We reserve the right in our sole discretion to modify any or all of this Agreement at any time, and such change will be effective immediately upon its publication on our Site. You agree to be bound by any modifications of this Agreement as long as you continue to access and use the Site thereafter. Because of the possibility that the Agreement could change between visits, you also agree to check the terms of the Agreement each time you return. Your continued access to or use of our Site Content (defined below) shall be deemed your conclusive acceptance of modifications to this agreement.

Users

You may simply browse the Services, or you may become a supporter of Making Waves Foundation through our Site. In the event you become a supporter of our organization or otherwise provide us with information on the Site, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site (or any portion thereof). Visitors are not required to provide us information, but if you do so, you agree that any such information will be true, accurate, current and complete information.

Payment

To make a donation to Making Waves Foundation, you will need to provide Making Waves Foundation with the information necessary to process the applicable payment from you. You may make such payment via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of such authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because our payment options all require a valid credit card, that only persons age 18 or over are making such donations. We will not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card. Your donations may be tax-deductible as charitable contributions, but you should consult your own tax adviser. We do not provide tax, legal or other professional advice. PLEASE NOTE THAT THE CREDIT CARD PAYMENT PROCESSING IS HANDLED BY A THIRD-PARTY VENDOR. WE ARE NOT RESPONSIBLE FOR, AND WE DO NOT CONTROL THE OPERATIONS OF, THIS THIRD- PARTY VENDOR.

The Rights We Grant to You, the Site Visitor

The contents of this Site, such as text, graphics, images, video and other content (the “Site Material”), are protected by copyright under both United States and foreign laws. We authorize you, non-exclusively and non-transferable, to view and download a single copy of the Site Material for your personal use. This authorization is not a transfer of title in the Site Content or copies of the Site Content. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. The names, marks and logos included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to us and constitute trademarks, tradenames, service marks or logos (“Marks“) of Making Waves Foundation. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us.  Marks not belonging to us belong to their respective third-party owners, and we claim no rights in them. The use of these Marks or the Site Material, except as provided in these Terms, is prohibited.

Improper Use of Our Site

You agree that you will not use our Site to post, transmit or distribute, or cause to be posted, transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme. You agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users. You may not introduce any material into our Site that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate our Site or any information residing on our Site. You agree not to mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages. You agree not to use the Site to generate unsolicited email advertisements or spam. You agree not to interfere in any way with the proper functioning of the Site or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You agree not to use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without our prior express written permission.  We reserve the right to delete any information you post on our Site that we in our sole discretion determine to be inaccurate, in violation of law or otherwise in violation of our policies. If you use, or attempt to use, our Site or its content for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of our Site, you will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.

Digital Millennium Copyright Act Notice

We respect the rights of copyright owners and expect you to comply with U.S. copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright is being infringed by any material viewed on this Site, please send a notice, in accordance with the DMCA, to our designated agent.

We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any communications from this Site.

Termination

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

You acknowledge that the Site contains Site Material. Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on our Site without prior notice.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Making Waves Foundation.

Making Waves Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Making Waves Foundation 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 web sites or services.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site (collectively “Feedback“), you agree we may use the Feedback to modify our Site and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Privacy

We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.  Making Waves Foundation reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.  If we make any material changes to these Terms of Use, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.  What constitutes a material change will be determined at our sole discretion.

Disclaimer of Warranties.

THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MAKING WAVES FOUNDATION “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAKING WAVES FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE APP, OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE OR THE APP, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE APP IS AT YOUR SOLE RISK.

We make no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or that defects in the Site will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or content. No advice or information, whether oral or written, obtained by you from us through the Site, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR SITE OR APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR DONATIONS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

Release

You hereby release Making Waves Foundation, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site. You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

Electronic Communications

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

General Terms

You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Making Waves Foundation will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Services must be instituted exclusively in the federal or state courts located in Contra Costa County, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us at info@making-waves.org.

Notice; Violations

We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to info@making-waves.org or as otherwise expressly provided. Please report any violations of these Terms of Use to info@making-waves.org.

Making Waves Foundation