Terms Of Use

Date of last revision: July 2, 2018

This website and any mobile application (collectively, this “Site”) is owned by CHALLENGE ME FOR GOOD (“We”, “Us” or “Challenge Me For Good”). We are providing you with access to this Site (our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering or making a contribution on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or make contributions on the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy

Our Privacy Policy, which also governs your visit to Our Site, can be found at www.challengemeforgood.com/privacy-policy. Please review our Privacy Policy for information on how We collect, use and share information about our users.

Use of This Site

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account

In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

User Conduct

You are solely responsible for all Challenge descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. You agree to fully cooperate with any request by Challenge Me For Good for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by Challenge Me For Good. However, this list is not exhaustive and Challenge Me For Good reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Our sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Challenge, freezing or placing a hold on contributed funds when Challenge Me For Good reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Services to:

  1. in connection with any of the following activities or items, including by establishing or contributing to any Challenge with the implicit or express purpose relating to any of the following:
    1. any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Services;
    2. content or challenges that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or challenge (whether on the Platform or not);
    3. illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
    4. knives, explosives, ammunition, firearms, or other weaponry or accessories;
    5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
    6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
    7. challenges deemed by Challenge Me For Good, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    8. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
    9. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
    10. pornography or other sexual content;
    11. offensive, graphic, perverse or sensitive content;
    12. collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on challenges or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Challenge Me For Good;
    13. credit repair or debt settlement services;
    14. to receive or grant cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Challenge;
    15. publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
    16. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
    17. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
    18. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
    19. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
    20. unauthorized sale or resale of brand name or designer products or services;
    21. sale of goods or services that are illegally imported or exported;
    22. processing where there is no bona fide donation accepted; card testing; evasion of card network chargeback monitoring programs;
    23. collecting or providing funds for any purpose other than as described in a Challenge description; or
    24. any other activity that Challenge Me For Good may deem in its sole discretion to be unacceptable.
  2. to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Challenge Me For Good, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Challenge Me For Good or its users to any harm or liability of any type; or
  3. to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  4. to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
  5. to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Additionally, with respect to all Financial Contributions you make or accept through the Services, you agree:

  1. – not to make or accept any Financial Contributions that you know or suspect to be erroneous, suspicious or fraudulent;
  2. – not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
  3. – to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Challenge Me For Good from time to time;
  4. – to maintain a copy of all electronic and other records related to Challenges and Financial Contributions as necessary for Challenge Me For Good to verify compliance with these Terms of Service, and make such records available to Challenge Me For Good upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
    at Challenge Me For Good’s request, including without limitation in case of investigations by Challenge Me For Good, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Challenge Me For Good reserves the right to refuse, condition, or suspend any Financial Contributions or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Challenge Me For Good, or that expose you, Challenge Me For Good, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Challenge Supporters, any Contributions, and transactions made through or in connection with your use of the Services.

How Challenges work

Most of our Terms of Use explain your relationship with Challenge Me For Good. This section is different: it explains the relationship between the person who creates a Challenge (the “Challenger”), the person to whom a challenge is assigned (the “Challengee”), anyone who makes a financial contribution towards a Challenge (the “Challenge Supporter”), and other registered and unregistered users of the Services (which may include users who simply “like” or “heart” or “review” Challenges or otherwise interact with the Platform or Services) and who’s responsible for what.

Challenge Me For Good is not a part of this contract — the contract is a direct legal agreement between the Challenger, the Challengee and the Challenge Supporter(s) of the project. Here are the terms that govern that agreement:

    • – When a Challenger creates a Challenge, they enter and select various details about the Challenge (name, type, description, deadline…) and among other items, they select the name of a Charity (“the Charity”) from a dropdown list and make a Financial Contribution towards the Challenge.
    • – Once a Challenge is fully created, the Challengee receives an email notification with a link to the Challenge. The Challengee can either accept the Challenge, or decline the Challenge.
      If the Challengee does not accept nor decline the Challenge within 29 days of the Challenge creation, the Challenge gets deleted from our platform and the Financial Contribution is returned to the Challenger.
      If the Challengee declines the Challenge, the Challenge gets deleted from our platform and the Financial Contribution is returned to the Challenger.
      If the Challengee accepts the Challenge, the status of the Challenge becomes “In Progress”, and the Financial Contribution gets paid to Challenge Me For Good.

Once a Challenge is “In Progress” and until the Challenge deadline comes up, both the Challenger and the Challengee can mark the Challenge as “Complete” or “Failed”.

Contributions made toward a Challenge will be processed by Challenge Me For Good through the secured Paypal payment service.

A Challenge status becomes “Closed – Complete” if either:
The Challenger marked the Challenge as Complete before the Challenge deadline
The Challengee marked the Challenge as Complete and then the Challenger confirmed the Challenge as Complete before the Challenge deadline
For a Challengee to mark the Challenge as Complete, they need to upload a proof of completion.

A Challenge status becomes “Closed – Failed” if either:
The Challenger marked the Challenge as Failed
The Challengee marked the Challenge as Complete but the Challenger marked the Challenge as Failed (in other words, the Challenger has the final word on whether a Challenge is Complete or Failed)
The Challenge was not marked as Complete by both the Challenger and the Challengee prior to the Challenge deadline

The Challenger’s and the Challengee’s decision to mark a Challenge as Complete or Failed are irreversible.
Note our Platform is based on a good faith model: while it is often impossible to prove that a Challenge was actually complete or failed by the Challenger, you as a user of this Site promise to mark a Challenge as Complete or as Failed based on the best of your knowledge and in good faith. Challenge Me For Good cannot be hold responsible for or be involved in any disputes between Challenger, the Challengee and/or the Challenge Supporter(s) regarding the status or the completion of a Challenge.

Financial Contributions for a Failed Challenge

When a Challenge is “Closed – Failed”, the Challenger, the Challengee and the Challenge Supporters will receive a notification email.

Challenge Me For Good will then transfer the Financial Contributions made towards the challenge less any Payment processing fees less the Challenge Me For Good fee to the Charity that was selected when the Challenge was created.

These transfers will be processed by Challenge Me For Good through the Amazon.com Gift Card service. Amazon.com Gift Card enables you to add gift card funds for yourself or someone else on a one-time, daily, weekly, monthly, or every-two-week basis. Amazon Allowance is directly added to the recipient’s Amazon.com Gift Card Balance and can be used instantly to shop among millions of items on Amazon.com. If the recipient doesn’t have an Amazon.com account, we’ll send him/her an email to set up one. Restrictions apply, see amazon.com/gc-legal

All Transfers will be processed by Challenge Me For Good within a reasonable timeframe after the day the Challenge was marked as Complete. While Challenge Me For Good strives to process Transfers promptly, you acknowledge and agree that Transfers may not be available to you for use immediately, and Challenge Me For Good does not guarantee that Transfers will be available to you within any specific time frame, and Challenge Me For Good expressly disclaims any and all responsibility for any delay or inability to access and use Transfers at any specified time, and any consequences arising from such delay or inability.
Challenge Me For Good may, at any time, for any reason, and in its sole discretion, offer or issue a refund of contributed funds with or without consulting with you, which may comprise the entire amount contributed towards your challenge. Challenge Me For Good is not responsible for any consequences caused by Challenge Me For Good issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that Challenge Me For Good is not liable to compensate you in any way for any loss.

You may learn more about the Challenge Me For Good fee at www.challengemeforgood/how-it-works.

Withdrawing Financial Contributions from a completed Challenge

When a challenge is “Closed – Complete”, the Financial Contributions made towards the challenge less any Payment processing fees less the Challenge Me For Good fee may be transferred (“Transfers”).

The Challengee, may either request this amount to be transferred:
1- To the charity that was selected when the Challenge was created
OR
2- To himself

These Transfers will be processed by Challenge Me For Good through the Amazon.com Gift Card service. Amazon.com Gift Card enables you to add gift card funds for yourself or someone else on a one-time, daily, weekly, monthly, or every-two-week basis. Amazon Allowance is directly added to the recipient’s Amazon.com Gift Card Balance and can be used instantly to shop among millions of items on Amazon.com. If the recipient doesn’t have an Amazon.com account, we’ll send him/her an email to set up one. Restrictions apply, see amazon.com/gc-legal

All Transfers will be processed by Challenge Me For Good within a reasonable timeframe after the day the Challenge was marked as Complete. While Challenge Me For Good strives to process Transfers promptly, you acknowledge and agree that Transfers may not be available to you for use immediately, and Challenge Me For Good does not guarantee that Transfers will be available to you within any specific time frame, and Challenge Me For Good expressly disclaims any and all responsibility for any delay or inability to access and use Transfers at any specified time, and any consequences arising from such delay or inability.

Challenge Me For Good may, at any time, for any reason, and in its sole discretion, offer or issue a refund of contributed funds with or without consulting with you, which may comprise the entire amount contributed towards your challenge. Challenge Me For Good is not responsible for any consequences caused by Challenge Me For Good issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that Challenge Me For Good is not liable to compensate you in any way for any loss.

You may learn more about the Challenge Me For Good fee at www.challengemeforgood/how-it-works

The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution

The Services are an administrative platform only. Challenge Me For Good facilitates the transactions associated with a Challenge between, but is not a party to any agreement between a Challenger and a Challengee, or between any user and a Charity. Challenge Me For Good is not a broker, agent, financial institution, creditor or insurer for any user. Challenge Me For Good has no control over the conduct of, or any information provided by, a Challenger, a Challengee, or any other user, and Challenge Me For Good hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
You acknowledge that all information and content accessed by you using the Services is at your own risk.

Charitable Giving

You understand and acknowledge that Challenge Me For Good is not a professional charitable organization, not a fundraiser, notwithstanding any affiliates that may qualify for 501(c)(3) status, and Challenges are not charities to which you can make tax-deductible charitable contributions. You acknowledge that contributions to a Challenge are not deductible under your jurisdiction’s applicable tax laws and regulations.
Similarly, as a Challengee, you acknowledge that if you elect to transfer the Financial Contributions (made towards your Challenge) to the Charity through our Site, these contributions are actually made by Challenge Me For Good and are therefore not deductible under your jurisdiction’s applicable tax laws and regulations.

Electronic Communication

When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content

This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to create, accept, decline or contribute to a Challenge. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that displays, describes or encourages a behavior that could be offensive, inappropriate or harmful to Us or any user or consumer;
  4. User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
  5. User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  6. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  7. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
  8. Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  1. download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
  2. remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  3. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
  4. collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  5. reformat or frame any portion of any Web pages that are part of this Site;
  6. create user accounts by automated means or under false or fraudulent pretenses;
    create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
  7. submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
    transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
  8. use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
    submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  9. copy or store any User Content offered on this Site other than for your personal, non-commercial use;
  10. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available;
    or
    use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
    We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership

As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

Payments on this Site

You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before creating a challenge, accepting a challenge, declining a challenge or contributing to a challenge or signing up for a service. Only valid credit cards or other payment method acceptable to us may be used. By making a financial contribution towards a challenge or submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including fees, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site. To close your account, you may email us at info@challengemeforgood.com.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at www.challengemeforgood.com/privacy-policy, and any notices regarding the Site.

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: info@challengemeforgood.com