Access and Use
By accessing or using the Site, you represent that you (a) are at least 16 years old or otherwise meet the legal age to consent in the jurisdiction you are located, (b) have the legal right, authority and capacity to enter into this Agreement, and (c) agree to be bound by all the terms and conditions in this Agreement. If you do not meet the minimum age requirement or do not agree, you must immediately discontinue your use of the Site.
Site Content includes, without limitation, Third Party Content and Donation Feature (both defined below). The Site and all Site Content is licensed, not sold. Subject to your compliance with this Agreement, you may access and use the Site and any associated Site Content via a web connection over the internet. Any use of Site Content is solely at your own risk. FOCB@H reserves the right to change, remove, modify or edit the Site and Site Content at any time, for any reason, without notice in its sole discretion. Some Site Content may be subject to additional terms and conditions and you are solely responsible for complying with them.
- Donation Feature. The Site contains features that enable you to voluntarily make money donations to FOCB@H by clicking on the “Donate Now” button (“Donation Feature”). When you click on the Donation Feature, you will be automatically redirected to a page operated by a third party containing a form to enter your information (“Payment Page”). All user activity on the Payment Page is subject to Third Party Terms, including all payment transactions made. FOCB@H uses a third party payment processor (“Payment Processor”) via the Payment Page to process all donations made through the Donation Feature. In order to make a donation, you will be required to provide certain personal information, including first name, last name, email address, country of residence, mailing address and payment information, such as your credit card or bank information (collectively, “Donor Information”). FOCB@H does not collect or have access to any Donor Information provided via the Payment Page. The collection, handling, storage, use and sharing of any Donor Information you provide will be governed by the associated Third Party Terms, which are available on the Payment Page. Please review all Third Party Terms carefully prior to filling out any forms or submitting any information on the Payment Page. If you do not agree with any of the Third Party Terms, please do not use the Donation Feature. FOCB@H is not responsible or liable to you in any way for any transaction issues, disputes or Donor Information you provide or submit via the Payment Page. You agree to resolve any such disputes directly with the Payment Processor or applicable third party.
Unless otherwise agreed in writing by FOCB@H, the Site and Site Content is for your personal and non-commercial use only. You represent and warrant that you will not directly or indirectly:
- Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials in or through the Site;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
- Use or attempt to use the Site in any manner that is unlawful or could damage, disable or interfere with the proper working of the Site;
- Modify, decompile, disassemble, reserve engineer or create derivative works based on the Site;
- Gain or attempt to gain unauthorized access to the Site including any servers, systems, networks or security related features through hacking, phishing, social engineering or any other means;
- Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content, without FOCB@H’s prior written consent;
- Violate FOCB@H’s, its affiliates’, or any third party's rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or
- Violate the terms of this Agreement or any applicable laws.
Except as otherwise expressly set forth in this Agreement, FOCB@H will not knowingly accept any communications, comments, feedback, suggestions, ideas, proposals, works, business plans, applications or other content or materials in any form or medium (collectively, “Submissions”) from you or other users of the Site. You agree you will not provide FOCB@H any Submissions you consider to be confidential, proprietary or sensitive in nature to you or third parties. Any Submissions you provide or make available to FOCB@H is at your sole risk and discretion. To the extent you give any Submissions to FOCB@H, you understand and agree that FOCB@H will own them and may use such Submissions in any manner whatsoever without any restrictions or obligations of confidentiality. Any Submissions you provide through the Payment Page or to the Payment Processor is outside of this Agreement and governed by the applicable Third Party Terms.
THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, FOCB@H DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FOCB@H DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOCB@H, ITS AFFILIATES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT, OR YOUR ACCESS AND USE THEREOF.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FOCB@H, ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF FOCB@H IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOCB@H'S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY REGARDING THE SITE, SITE CONTENT OR THIS AGREEMENT WHATSOEVER SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend and hold harmless FOCB@H, its affiliates, and their respective officers, directors, members, employees, agents and representatives (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities, expenses, penalties, costs and reasonable attorneys’ fees, arising out of or related to (i) your use of the Site or Site Content, (ii) any breach of this Agreement by you, or (iii) any third party claims or disputes alleging that you have infringed, misappropriated or violated any intellectual, proprietary, publicity or other rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without the Indemnified Party’s prior written consent. FOCB@H will use commercially reasonable efforts to notify you of any indemnifiable claim, action or proceeding upon becoming aware of it.
Complaince with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located. FOCB@H controls and operates the Site from its headquarters in Seattle, Washington, U.S.A. and makes no representations that the Site is appropriate or available for use outside of the United States or other locations.
FOCB@H and/or its licensors exclusively own all right, title and interest in and to the Site and Site Content, including all copyrights, Marks (defined below) and other associated intellectual property rights. No ownership, exclusivity or other rights in any part of the Site or Site Content, or associated intellectual property rights, is granted, transferred, assigned, conveyed or licensed to you, except and to the extent as expressly provided in a written agreement executed between you and FOCB@H.
All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of FOCB@H, or FOCB@H’s content suppliers and licensors, and are protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved. You are solely responsible for obtaining permission from the copyright owner of any Site Content prior to your use, copy or reproduction and include the required attributions or proprietary notices. Any unauthorized use, reproduction or distribution of the images, photographs, designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site or in Site Content is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), any notifications of claimed copyright infringement should be sent to email@example.com.
"Friends of Charity Begins at Home”, “Charity Begins at Home” and all trade names, logos, designs and symbols associated with the foregoing (collectively, “Marks”) are trademarks of FOCB@H. You may not use any Marks for any purpose other than for fair use in connection with the goods and services offered by FOCB@H. Further, you agree you will not use the Marks in any manner that is likely to cause confusion, or that disparages, discredits or negatively affects FOCB@H, its affiliates or their mission. All other trademarks appearing on the Site, including Third Party Content, are the property of their respective owners.
This Agreement is governed by the internal laws of the State of Washington without regard to conflict of law provisions. For any claim related to the Agreement, you irrevocably submit to the personal and exclusive jurisdiction in and the exclusive venue of the state and federal courts having jurisdiction in King County, Washington. No action arising under or relating to the Agreement may be brought more than one year after the cause of action has accrued.
FOCB@H may temporarily or permanently suspend, terminate or reinstate the Site, including the availability or accessibility of any portion of the Site or Site Content, at any time without notice or liability to you. All terms and provisions of these TOU that may be reasonably interpreted to survive termination of the Site or this Agreement, will survive.
FOCB@H’s delay or failure to exercise any right or remedy in any respect will not be deemed a waiver of that right or remedy, or any subsequent rights or remedies. If any provision of this Agreement is found to be invalid or unenforceable, then only that provision will be modified to reflect the original intent or eliminated to the minimum extent necessary, and the remainder of this Agreement will be unaffected and remain in full force and effect. You may not assign, transfer or delegate any of your obligations in this Agreement, in whole or in part, without FOCB@H’s prior written consent. Any attempt of the foregoing by you shall be null and void ab initio. The section headings in these TOU are for convenience only and have no legal or contractual effect.
FOCB@H reserves all rights not expressly granted herein.
Last updated: February 4, 2020