This Website Terms & Conditions (“T&C”) is a legally binding agreement made by and between Change a Life Foundation and you, and it governs the Change a Life Foundation website and all the websites associated with Change a Life Foundation. The Change a Life Foundation website is maintained by Change a Life Foundation with headquarters at 5 Corporate Park, Irvine CA 92606. By visiting the Change a Life Foundation website, you agree to be bound by this T&C. By accessing or using any part of the Change a Life Foundation website or by registering for or using any Change a Life Foundation service you agree that you have read, understand, and agree to this T&C.
Changes to this T&C and the Change a Life Foundation Website
Changing business practices and circumstances may require that we make changes to this T&C and to the Change a Life Foundation website. Change a Life Foundation reserves the right to modify its websites and/or this T&C at any time. Any changes will be reflected on the Change a Life Foundation website and revision shall be effective immediately on such posting and you are deemed to be apprised of and bound by any such modifications. You agree to review this T&C and other posted online policies periodically to be aware of any revisions. Your edits or changes to either online or offline versions of this T&C will not be effective, regardless of form. Our goal is to provide all services to visitors to the Change a Life Foundation website in an accessible, efficient, and friendly manner. If you have comments or questions regarding the T&C, please contact us at firstname.lastname@example.org or call the main telephone number at (949)788-9999.
Our Commitment to Privacy
By visiting any of the Change a Life Foundation websites, you are accepting the practices described in this Privacy Notice. The Change a Life Foundation websites are maintained by Change a Life Foundation with its headquarters at Irvine CA, U.S. telephone (949) 788-9999.
Personally Identifiable Information
When you visit the Change a Life Foundation websites, you may provide us with personal information (such as name, address, e-mail address, telephone numbers and/or credit/debit card information) that you knowingly choose to disclose, which is collected on an individual basis for various purposes. These purposes include registering to receive e-mail newsletters or other materials, requesting further information from us about projects and services, donating to us, ordering merchandise, making requests, registering with Change a Life Foundation, submitting a form on our website, or simply asking a question. We receive and may store any information you choose to enter on our websites or provide us in any other way. We ask for personal information so that we can fulfill your requests and return your messages.
This information is retained and used in accordance with existing laws, rules, regulations, and other policies. Change a Life Foundation does not collect personal information from you unless you provide it to us. However, visitors should be aware that information collected through the Change a Life Foundation web site may be subject to examination and inspection if such information is a public record or not otherwise protected from disclosure.
If you choose not to provide any personally identifiable information, we may not be able to fulfill your requests or complete your orders, but you will still be free to browse the other sections of the websites owned and administered by Change a Life Foundation and partnership with the Orange County Community Foundation. This means that you can visit our sites without telling us who you are or revealing any personally identifiable information about yourself.
We also collect information that cannot be used to identify you personally. Anonymous information is collected for every visitor to this site. This includes pages viewed, date and time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. We do not make any association between this information and a visitor’s identity. Additionally, when you visit our website, our servers make a log of basic information corresponding to the sites and pages you have visited. This information is stored primarily to track the effectiveness of our website and individual sections and pages within them.
Registration via Third Party Tools
When visiting the Change a Life Foundation website, you may choose to register on the site via Facebook Connect, Linked In, or Twitter Connect services. By doing this, you are asking Facebook or Twitter to provide us with limited information from your Facebook or Twitter profile. We treat this information the same way that we treat any other information that you may share with us when you visit the Change a Life Foundation media network. Be aware that when you use Facebook, Linked In, or Twitter applications to share, distribute, comment upon, or endorse any of our content, that conduct is governed by the respective privacy policies of Facebook, Linked In, or Twitter, as well as your user privacy settings within those sites.
Change a Life Foundation contracts with Google Analytics to provide us information, reports, and analysis regarding the usage, browsing patterns, and traffic on our websites. We do not share any of your personally identifiable information as part of this arrangement.
The Way We Use Information
When you supply information about yourself for a specific purpose, we use the information for only that purpose (such as to provide the service or information you have requested). For example, you may be asked to give us individual information to receive information, to make a donation, to purchase merchandise, or to apply for a job. Similarly, we use information you provide about yourself or someone else when placing a merchandise order only to ship the merchandise and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
You can register with the Change a Life Foundation websites if you would like to receive updates on our new causes and services. Information you submit on our websites will not be used for this purpose unless you fill out the registration form.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Change a Life Foundation does not sell, rent, give-away or share its e-mail addresses or other information with outside sources. Should any material changes be made to the ways in which we use personally identifiable information, Change a Life Foundation will take commercially reasonable measures to obtain e-mail consent from you. We will also post the changes to our use of personally identifiable information on our site at least 30 days prior to a change.
With Whom Do We Share Information?
Generally speaking, Change a Life Foundation will not disclose your personal information to third parties who are not our affiliates without your consent. We may make an exception to this general policy in the following limited circumstances:
Third-Party Service Providers – we may disclose your information to third-party service providers who help us provide or maintain our websites. These companies may collect information about your domain type, IP address, and clickstream information. We require by contract that these third-party service providers implement and maintain reasonable practices to protect your personal information.
Other Disclosure – we may disclose your personal information without your consent to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).
Our Commitment to Data Security
Personally identifiable information is stored on our server and is not publicly accessible. Further, personally identifiable information is only accessed by Change a Life Foundation personnel on a “need to know” basis. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Additionally, sensitive data such as credit card numbers are encrypted using SSL and other industry standard measures, to provide an additional level of security.
If you have registered to receive e-mail communications from us and later change your mind, you may contact us to have your name removed from our distribution lists. You have the following options to do this:
You can send an email to: email@example.com; or You can send mail to the following address: Change a Life Foundation, 5 Corporate Park, Ste. 210, Irvine CA 92606
If you would like to verify the data we have received from you or to make corrections to it, you may contact us directly at the e-mail and mail addresses provided above.
We use e-mail links located on the Change a Life Foundation websites to allow you to contact us directly via e-mail. We use the information provided in your e-mail to respond to your questions or comments. We may also store your comments for future reference.
Changes to this Privacy Statement
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal process served on Change a Life Foundation.
For More Information
If you have any questions, concerns or comments about privacy at our chivecharities.org website, please send us a description of your concern via e-mail firstname.lastname@example.org or call the main telephone number at (949)788-9999.
YOUR USE OF THE CHANGE A LIFE FOUNDATION WEBSITE
Change a Life Foundation websites may only be used by individuals who can form legally binding contracts under applicable law. No person under the age of 18 may use the Change a Life Foundation websites, unless under supervision of a parent or guardian. Notwithstanding the previous sentence, no person under the age of 13 may use these websites. Your use of the websites will be deemed to be a representation that you are (or are between the ages of 13 and 18 and under the supervision of a parent or guardian) 18 years of age or older.
Compliance with the T&C and Applicable Law
We give you permission to access and use the Change a Life Foundation websites for your personal use for the purposes for which is intended, and to copy, distribute, and transmit the content of the websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the websites for your personal use, or as expressly permitted by Change a Life Foundation (for example, if Change a Life Foundation provides a method for you to post information to your Facebook page). You may download or electronically copy and print a copy of the information displayed on the Change a Life Foundation websites for your personal use and no rights to those materials are transferred to you by such copying.
The goal of the Change a Life Foundation websites is to raise awareness of and raise funds for Change a Life Foundation and its grants for individuals. Use of the Change a Life Foundation websites for any illegal purpose, or any other purpose not described above as an authorized use, is strictly prohibited. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of the Change a Life Foundation websites is strictly prohibited, unless authorized in writing. For example, you agree not to take pictures of other people from the Change a Life Foundation website and post them on third-party websites. You may also not deep link to portions of the Change a Life Foundation websites; or frame, inline link, or similarly display any part of the websites. You further agree not to change or delete any proprietary notices from materials downloaded from the Change a Life Foundation websites. You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the websites.
You agree not to upload, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds for anything other than Change a Life Foundation, or is a solicitation for goods or services.
The Change a Life Foundation websites may contain links to other websites. Please note that when you click on one of these links, you are entering another site. These links are provided for your convenience, and you access them at your own risk. We encourage you to read the terms and conditions of these linked websites as their terms and conditions may differ from ours.
Registration via Third Party Tools
When you register or sign in using Facebook, Linked In or Twitter, you may not use the e-mail address, account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account (including your e-mail address), user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Payment and Refunds
Payments – You will solely be responsible for all taxes arising from, relating to or connected with your use of the Change a Life Foundation websites. We will have the right to charge you for any taxes that we are required to pay or in fact collect.
Receipts – When you make a payment to Change a Life Foundation, we will e-mail you a receipt containing tax-deductible values. You are responsible for keeping copies of these receipts for the purposes of obtaining a tax-deduction.
Refunds – All payments are non-refundable.
Intellectual Property; Content
Intellectual Property Rights – The Change a Life Foundation websites, names, trademarks, logos, designs, text and graphics used on the Change a Life Foundation websites, the selection and arrangement thereof, and all other materials used on these websites, are and shall remain owned or licensed by Change a Life Foundation. Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by Change a Life Foundation may appear on these websites, for example, when someone posts a picture to the Change a Life Foundation website. When such materials appear, appropriate credits and notices may be displayed. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this T&C or otherwise.
When accessing the Change a Life Foundation websites you agree to obey the law and to respect the intellectual property rights of others. Your use of the websites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
By posting, storing, uploading, or transmitting any content on or to the websites, you grant Change a Life Foundation a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license under all intellectual property or other proprietary rights whatsoever (e.g., copyright, trademark, privacy, and publicity) to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created. We have no duty to use your content and may remove it at any time for any reason. You will not be compensated for our use of this content. You agree that we may publish or otherwise disclose your name in connection with your content. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant Change a Life Foundation the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Change a Life Foundation websites (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Change a Life Foundation: 5 Corporate Park, Suite 210, Irvine CA 92606 Telephone (949) 788-9999
Notwithstanding the above, we will not be liable to you for our failure to remove the infringing material of third parties.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE Change a Life Foundation WEBSITES AND THE PRODUCTS OFFERED ON THE Change a Life Foundation WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Change a Life Foundation DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Change a Life Foundation SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF Change a Life Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR MAXIMUM, AGGREGATE LIABILITY EXCEED $100. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF CONSEQUENTIAL DAMAGES ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Change a Life Foundation, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the T&C, or any activity related to use of the Change a Life Foundation websites (including negligent or wrongful conduct) by you. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of the claim, demand, or action your sole cost and expense. Without limitation of the foregoing, you may not settle compromise or in any other manner dispose of any claim, demand, or action without our express written consent.
Term; Termination; Survival
We may deny you access to all or part of the Change a Life Foundation websites at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole discretion, violate this T&C, our rights or the rights of any third party) or no reason at all. The provisions relating to Intellectual Property; Disclaimer; Limitation of Liability; Indemnification; Unauthorized Use; Term; Termination; and Miscellaneous, shall in all events survive any termination of this T&C. For purposes of clarity, the survival of the provision on Unauthorized Use means that even if your account is terminated, if you breached the Unauthorized Use provision while using the Change a Life Foundation websites, we have the right to sue you for damages or injunctive relief.
Notice – We may deliver notice to you by means of e-mail, a general notice on the Change a Life Foundation websites, or by other reliable method. If you give notice to us, you must use the address listed above.
Force Majeure – We will not be liable for failing to perform under this T&C by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
Governing Law; Class-Action Waiver; Arbitration; Jurisdiction – Your use of the Change a Life Foundation websites are governed in all respects by the laws of the state of New York, USA, without regard to choice of law provisions. By agreeing to this T&C, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this T&C must be asserted individually. If there is any dispute between us, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties and shall be arbitrated in New York County, New York. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Waiver; Time for Commencement of Action – Any cause of action or claim you may have with respect to the Change a Life Foundation must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Entire Agreement; Assignment; Severability – This T&C, including, without limitation, the other policies referenced herein, constitute the entire agreement between you and Chive Charities with regard to your use of the Change a Life Foundation websites, and supersedes and replaces any and all prior and contemporaneous agreements between you and Change a Life Foundation with respect to the websites. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this T&C to any party at any time without notice to you. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this T&C to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
For More Information – If you have any questions, concerns, or comments about this T&C, please send us a description of your concern via e-mail to email@example.com or call the main telephone number at (949) 788-9999.
Change a Life Foundation is a qualified 501(c)(3) tax-exempt organization and donations are tax-deductible to the full extent of the law. Please consult your tax advisor regarding specific questions about your deductions.