Last updated: September 22, 2017
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.
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.
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.
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.
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.
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.
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.
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.
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.
If you have any questions about these Terms, please contact us at email@example.com.