Entrepreneurship Seed Fund Website Terms and Conditions Agreement

(Last Modified: March 14, 2019)

USER AGREEMENT

This website with its home page at eseedfund.org (the “Website”) is an informational and interactive website offered by Entrepreneurship Seed Fund, Inc., a Colorado nonprofit corporation (herein referred to as ESF), at no charge to users of the World Wide Web, with the express condition that such users agree to be bound by the terms and conditions set forth in this User Agreement. ESF reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

DESCRIPTION OF SERVICES

ESF is a charitable, nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (“I.R.C.”). ESF provides users a platform for creating donor advised funds and restricted funds, as well as access to an extensive amount of resources through the Website, including, but not limited to, information regarding charities and affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”). ESF assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user.

REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY

Users who wish to create an account on the ESF website must also agree to the terms and conditions set forth in the Charitable Giving Fund Notices found here. Users creating such an account are responsible for maintaining the confidentiality of their user ID and password, and are fully responsible for all activities that occur under their account. ESF does not retain or assume liability or responsibility for such use.

GENERAL PRACTICES REGARDING USE AND STORAGE

Users acknowledge that ESF may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that ESF has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge ESF has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that ESF reserves the right to change these general practices at any time with or without notice.

REGISTERED USER CONDUCT

You understand that all materials, data, text, photographs, graphics, messages, or other information publicly posted on the Website by third parties (“Public Content”) is the sole responsibility of the person from which such content originated. This means that you, and not ESF, bear all risks and liabilities for all Public Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available:
    • any Public Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
    • any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same message more than once can be considered “spam” or “spamming”);
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • any Public Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a ESF official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Public Content transmitted through the Service;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • intentionally or unintentionally violate any applicable local, state, national or international law; “stalk” or otherwise harass another; or
  • harvest or otherwise collect or store personal data about other users.

You acknowledge that ESF and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Public Content that is available via the Service. ESF and its designees shall have the right (but not the obligation) to remove any Public Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Public Content, including any reliance on the accuracy, completeness, or usefulness of such Public Content.

You acknowledge and agree that ESF may preserve Public Content and may also disclose Public Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Public Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ESF, its users and the public.

USER SUBMISSIONS

By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of ESF. You grant and warrant that the owner of such content has expressly granted ESF and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by ESF at its sole discretion.

MODIFICATIONS TO THE SERVICE

ESF reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ESF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION

You agree that ESF and its designees, in its or their sole discretion, may terminate your password, Charitable Giving Fund, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ESF believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, although ESF shall send electronic notice to you at the point of such termination, and you acknowledge and agree that ESF may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither ESF nor any agent or designee shall be liable to you or any third-party for any termination of your access to the Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ESF ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ESF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ESF DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ESF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESF AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree that you will hold harmless ESF, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will ESF or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless the Released Parties from and against all losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use. ESF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

ENDORSEMENTS

You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of ESF or endorsed by ESF. ESF may provide links on the Website to other websites which are not under the control of ESF. In general, any website which has an address (or URL) which does not contain “ESF.com” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by ESF of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

DONATIONS

If you wish to make a donation to ESF through the Website or through a linked-to website operated by ESF’s payment processor for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant ESF or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. ESF reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. ESF or its payment processor may automatically process charges against your selected payment method on the receipt page. ESF or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.

Please review the ESF Privacy Policy located here for information on how we use personal information submitted in connection with Donations.

USAGE OF MATERIAL

Except as to Public Content, and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to ESF and/or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without ESF’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of ESF, provided that the user does not remove any legal notices, including any trademark, copyright or other notices contained in such Material.

TRADEMARKS / COPYRIGHTS / RIGHT OF PUBLICITY

All trademarks and service marks appearing on the Website are owned by ESF and/or its licensors, or their respective owners, including without limitation the ESF word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of ESF is expressly prohibited and all rights thereto are reserved.

JURISDICTION

This Website (excluding linked sites) is controlled by ESF, which is headquartered in the State of Colorado, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Website both you and ESF agree that the statutes and laws of the State of Colorado, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and ESF also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Bentonville, Colorado, with respect to such matters. ESF makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LINKING INFORMATION

ESF encourages and permits text links to content on the ESF Website, eseedfund.org, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with ESF’s name, service marks trademarks and/or other intellectual property and assets of ESF; (b) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than ESF is associated with or sponsored by ESF; and (c) ESF reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.

MISCELLANEOUS

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.

CONTACT

For any questions about these Terms of Use, please contact us at [email protected]