User Terms and Conditions
1. Operational Requirements
- User shall comply with any technical specifications, rules of operation or security procedures set forth in writing from time to time for the Platform, including any revisions or modifications to then-existing Terms. Such notice may be provided directly to User or posted on a link to the Platform and shall, in either case, be binding upon User once made.
- User shall be responsible for the accuracy of all information User provides to the Platform. Users that have a distinct User name and password for accessing the Platform, shall safeguard their User name and password and prevent any unauthorized access to the Platform using their User name or password.
- Donors making a financial donation through the Platform will receive an electronic acknowledgment of each financial donation. The electronic acknowledgment will be sent to the email address provided to NeighborRelief by the Donor. GWg shall not be liable to Donor any other third party for erroneous information provided by GWg as a result of any error or omission of Donor or any other third party.
2. Donations; Fees
3. Platform and Website Information
- Upload information, or images that are unlawful, harmful, threatening, abusive, obscene, defamatory, or otherwise objectionable; that compromise the anonymity of Neighbors or their households or otherwise interfere with any individual’s right of privacy; or that otherwise diminish the dignity of a Neighbor or their household;
- Upload files that contain viruses, trojan horses, worms, or corrupted files that may damage the operation of a computer, server, database, software, system or other technology infrastructure; or
- Upload any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner.
4. Links to Third Party Websites
GWg may provide hyperlinks to websites of third parties involved with, supportive of or otherwise relevant to NeighborRelief. GWg provide such links for information and ready access by Users. GWg does not review or endorse, and is not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. User assume full responsibility for use of any third-party websites.
5. Trademarks and Service Marks
The names “GroundWork group” and “NeighborRelief”; any logos of GWg and any other product and service names that GWg may present on the Platform, on the Website or otherwise in connection with NeighborRelief may not be used in connection with any product or service that is not directly associated with NeighborRelief. Other trademarks, service marks or logos (“Marks”) that appear on the Platform or the Website are the property of their respective owners and are likely to be registered and subject to restrictions as to their use. They may not be used without written notice to GWg and the express written permission of the owner of the Mark.
6. Propriety Rights
- GWg Marks. GWg owns or otherwise possess legal rights to and shall retain all rights in the software, tools, designs, documentation, data, know how, trade secrets and other materials and information developed or provided by GWg under the NeighborRelief program, including but not limited to the Platform, the Website and any data, text, pictures, graphics, logos, marks, symbols, video, or other digital material provided by GWg pursuant hereto.
- User Content. User represents that it owns or possesses sufficient rights in all data, narrative, information, photographs, images or other content (collectively, “Content") it posts on the Platform or otherwise provides to GWg in connection with NeighborRelief. User grants GWg, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, transmit, and publicly display any such Content on the Platform or otherwise in connection with NeighborRelief.
- User shall not: (i) submit to GWg or post on the Platform any Content which User does not possess sufficient legal authority; (ii) post any material that it knows or reasonably should know is false, misleading, or inaccurate; (iii) post any profane, obscene, sexually oriented, or sexually suggestive material or link to sites that contain such content; (iv) violate the personal privacy rights of any third parties; (v) post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless authorized by the copyright owner.
- Except for any license grants to User expressly set forth in these Terms, GWg shall retain and possess al right, title and interest in and to NeighborRelief, including without limit the Platform, all previously and/or independently developed work and/or intellectual property, all work product, including all general knowledge, GWg develops or acquires during the operation and further development of and User’s use of the Platform, and all intellectual property derivative of any of the foregoing, now or hereinafter existing. User shall, upon written request of GWg and at GWg’s expense, take any and all such actions as are reasonably required to establish and maintain GWg’s rights in same.
7. Representation and Warranties; Disclaimer
Use of the Services is at the risk of User. GWg provides the Platform on an “As Is”, “As Available” basis. User represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes.
8. Limitation of Liability
GWg’s total cumulative liability to User, its affiliates and their respective its officers, directors, employees, agents, successors and assigns for any recoverable losses or damages arising under or in connection with these User Terms and the use of the Platform and the Website shall be limited, to the amount, if any, paid by User for use of the Platform and such GWg websites. Without limiting the foregoing, GWg shall not be liable for: (i) damages caused by User’s failure to perform its responsibilities or (ii) any lost or corrupted data, any lost profits, loss of business, loss of use or other consequential, special, incidental, indirect, exemplary or punitive damages, even if GWg has been advised of the possibility of such damages; (iii) User’s reliance on any content provided on the Platform or through the services (“Services”) provided thereunder, and/or (iv) goods and services of third parties in any way associated with NeighborRelief. The limitations of liability set forth herein will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these Terms.
9. Limitation on Time to File Claims
10. Force Majeure
GWg shall not be liable for any default or delay in the performance of its obligations hereunder if nor to the extent such default or delay caused by: fire, flood, earthquake, pandemic, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of GWg. In such event the GWg shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and GWg continues to use its best efforts to recommence performance or observance without delay
11. User Conduct
User, its employees and other agents: (a) shall at all times use NeighborRelief in a responsible and legal manner; (b) shall not misrepresent User’s identity or affiliation with any other person or organization; and (c) shall will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Platform.
All provisions of these Terms will be governed by and construed in accordance with the laws of the State of Ohio, without reference to its conflicts of laws rules. Any provisions of these Terms that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect. No failure of GWg to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to GWg at law, in equity or otherwise.