Use of Terms

1. Acceptance of Terms

By accessing or using the website of GivingHeartCo (the "Organization," "we," "our," or "us") at https://givingheartco.com/ (the "Site"), you agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and GivingHeartCo.

If you do not agree to these Terms, please do not use our Site, make donations, register for events, submit volunteer applications, or interact with our services. Your continued use of the Site constitutes acceptance of any updates or modifications to these Terms.

These Terms apply to all users of the Site, including donors, volunteers, event participants, job applicants, and general visitors.

2. Use of Website (Lawful Use Only)

You agree to use our Site only for lawful purposes and in accordance with these Terms. You must not:

• Use the Site in any way that violates applicable federal, state, local, or international laws or regulations
• Attempt to interfere with the proper functioning of the Site, including introducing viruses, malware, or other harmful code
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
• Bypass any measures we use to prevent or restrict access to the Site
• Use the Site to transmit any false, misleading, or fraudulent information
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Harvest or collect email addresses or other contact information from the Site for the purpose of sending unsolicited communications

We reserve the right to terminate or restrict your access to the Site if you violate any of these provisions.

3. User Accounts

Certain features of our Site may require you to create a user account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your information to keep it accurate and complete
• Maintain the security and confidentiality of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other security breach
• Log out of your account at the end of each session, especially when using public or shared devices

We reserve the right to suspend or terminate any account that violates these Terms or poses a security risk. You are responsible for all activities conducted through your account, regardless of whether you authorized them.

Volunteer Accounts: If you create a volunteer account, you agree to provide accurate information about your skills, availability, and background. We may conduct background checks as permitted by law and as required for certain volunteer positions.

4. Intellectual Property Rights

All content, materials, and features available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software (collectively, "Content"), are the exclusive property of GivingHeartCo or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.1 Our Trademarks

The GivingHeartCo name, logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of the Organization. You may not use these marks without our prior written permission.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

• Modifying or downloading any Content (except for your own personal, non-commercial use)
• Using any Content for commercial purposes without our express written consent
• Removing any copyright, trademark, or other proprietary notices from Content
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site

5. User-Generated Content Rules

Our Site may allow you to post, submit, or otherwise make available content, including comments, reviews, photos, videos, stories, feedback, suggestions, and other materials ("User Content"). By submitting User Content, you agree to the following:

5.1 Ownership and License

You retain ownership of any intellectual property rights you hold in your User Content. However, by submitting User Content, you grant GivingHeartCo a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for purposes related to our mission, including but not limited to promotional materials, social media, annual reports, and fundraising campaigns.

5.2 Content Standards

User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person
• Violate the legal rights of others (including rights of publicity and privacy)
• Contain any material that could give rise to civil or criminal liability under applicable laws
• Contain any viruses, malware, or other harmful code
• Impersonate any person or misrepresent your identity or affiliation
• Involve commercial activities or sales without our prior written consent

5.3 Volunteer Submissions

When submitting volunteer applications, you agree to provide truthful information about your qualifications, background, and availability. Knowingly providing false information may result in disqualification from volunteer opportunities and potential legal consequences.

5.4 Donor Testimonials

By submitting a donor testimonial, you consent to its public display on our Site and marketing materials. You may request anonymity by noting this in your submission.

7. Prohibited Activities

In addition to the restrictions outlined elsewhere in these Terms, you are expressly prohibited from engaging in the following activities:

• Unauthorized Fundraising: Using the GivingHeartCo name, logo, or brand to solicit donations without our express written permission
• Fraudulent Donations: Making donations using stolen credit cards, fraudulent payment methods, or with the intent to chargeback after receiving benefits
• Donation Laundering: Using donations to launder money or conceal the source of funds
• Misuse of Volunteer Opportunities: Using volunteer positions for commercial solicitation, proselytizing, or advancing personal agendas
• Harvesting Data: Collecting personal information of donors, volunteers, or other users without their consent
• Interfering with Operations: Disrupting our programs, events, or daily operations
• Unauthorized Access: Attempting to access restricted areas of our Site or internal systems

Violation of these prohibitions may result in immediate termination of access, legal action, and reporting to appropriate authorities.

8. Right to Remove Content or Restrict Access

We reserve the right, in our sole discretion, to:

• Remove, edit, or refuse to post any User Content for any reason or no reason, including content that violates these Terms
• Terminate or suspend your access to all or part of the Site, without notice, for any conduct that we believe violates these Terms or is harmful to other users, us, or third parties
• Disable any username, password, or other identifier at any time in our sole discretion
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site

We are not liable to you or any third party for any modification, suspension, or discontinuation of your access to the Site.

9. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, GivingHeartCo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Site will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Site is free of viruses or other harmful components
• The results of using the Site will meet your expectations or requirements

Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GivingHeartCo, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE PAST SIX (6) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

For volunteers, GivingHeartCo provides liability insurance coverage as required by law for activities performed within the scope of your volunteer duties. However, we are not liable for injuries or damages resulting from your negligence, willful misconduct, or actions outside the scope of your volunteer assignment.

11. Indemnification

You agree to defend, indemnify, and hold harmless GivingHeartCo, its directors, officers, employees, volunteers, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to:

• Your use of and access to the Site
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party
• Your conduct during volunteer activities or events

This indemnification obligation will survive these Terms and your use of the Site.

12. Governing Law (U.S.-based)

These Terms and any dispute arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of [State/Jurisdiction], without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in [County], [State/Jurisdiction], and you hereby consent to the personal jurisdiction and venue of such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time, in our sole discretion. If we make material changes, we will notify you by:

• Posting the revised Terms on this page with an updated "Last Updated" date
• Sending an email notification to the address associated with your account (if applicable)
• Displaying a prominent notice on our Site

Your continued use of the Site following the posting of any revised Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Site.

We encourage you to review these Terms periodically to stay informed of any updates.