Share Good Software Terms and Conditions 

Last Modified: July 28, 2021 

Acceptance of the Terms 

These Terms and Conditions are entered into by and between You and Share Good a registered 501c3 nonprofit organization ("Share Good," "we," or "us"). The following terms and  conditions, together with any documents they expressly incorporate by reference (collectively,  "Terms" or “Terms and Conditions”), govern your access to and use of the Share Good software,  including any content, functionality, and services offered on or through the Share Good software (the "Software"). 

Please read the Terms and Conditions carefully before you start to use the Software. By using  the Software, you accept and agree to be bound and abide by these Terms and Conditions and  our Privacy Policy, incorporated herein by reference. If you do not want to agree to  these Terms and Conditions or the Privacy Policy, you must not access or use the Software. 

Changes to the Terms 

We may revise and update these Terms from time to time in our sole discretion. All changes are  effective immediately when we post them, and apply to all access to and use of  the Software thereafter. However, any changes to the dispute resolution provisions set out in  Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual  notice on or before the date the change is posted on the Software. 

Your continued use of the Software following the posting of revised Terms means that you  accept and agree to the changes. You are expected to check this page from time to time so you  are aware of any changes, as they are binding on you. 

Accessing the Software and Account Security 

We reserve the right to withdraw or amend this Software, and any service or material we provide  on the Software, in our sole discretion without notice. We will not be liable if for any reason all  or any part of the Software is unavailable at any time or for any period. From time to time, we  may restrict access to some parts of the Software, or the entire Software. 

Intellectual Property Rights 

The Software and its entire contents, features, functionality, (including but not limited to all  information, software, text, images, video, and audio, and the design, selection, and arrangement  thereof) and the look and feel thereof (including but not limited to all displays, layouts,  typefaces, icons, shapes, and colors, as well as the behavior of all dynamic elements and  interfaces) are owned by Share Good, its licensors, or other providers of such material and are  protected by United States and international copyright, trademark, patent, trade secret, and other  intellectual property or proprietary rights laws.

These Terms permit you to use the Software for your personal, non-commercial use only. You  must not reproduce, distribute, modify, create derivative works of, publicly display, publicly  perform, republish, download, store, or transmit any of the material on our Software. 

Trademarks 

The Share Good name, Share Good logo, and all related names, logos, product and service  names, designs, and slogans are trademarks of Share Good or its affiliates or licensors. You must  not use such marks without the prior written permission of Share Good. All other names, logos,  product and service names, designs, and slogans on this Software are the trademarks of their  respective owners. 

Data 

While Share Good has access to data submitted through websites owned and operated by  licensees of the Software (“Licensee Websites”), only aggregated end user data and analytics are  utilized by Share Good for administrative purposes. We do not own data submitted through  Licensee Websites. All information we collect through this Software is subject to our Privacy  Policy. By using the Software, you consent to all actions taken by us with respect to your  information in compliance with the Privacy Policy. 

Prohibited Uses 

You may use the Software only for lawful purposes and in accordance with these Terms and  Conditions. You agree not to use the Software: 

• In any way that violates any applicable federal, state, local or international law or regulation  (including, without limitation, any laws regarding the export of data or software to and from  the US or other countries).  

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the  Software, or which, as determined by Share Good, may harm Share Good, or users of the  Software or expose them to liability. 

Additionally, you agree not to: 

• Use the Software in any manner that could disable, overburden, damage, or impair the  Software or interfere with any other party's use of the Software, including their ability to  engage in real time activities through the Software. 

• Use any robot, spider or other automatic device, process or means to access the Software for  any purpose, including monitoring or copying any of the material on the Software. 

• Use any manual process to monitor or copy any of the material on the Software or for any  other unauthorized purpose without our prior written consent. 

• Use any device, software or routine that interferes with the proper working of the Software.

• Introduce any viruses, trojan horses, worms, logic bombs or other material to the Software which are malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the  Software, the server on which the Software is stored, or any server, computer or database  connected to the Software.  

• Attack the Software via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Software.

Monitoring and Enforcement 

We have the right to: 

• Take appropriate legal action, including without limitation, referral to law enforcement, for  any illegal or unauthorized use of the Software.  

• Terminate or suspend your access to all or part of the Software for any or no reason, including  without limitation, any violation of these Terms and Conditions. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant the Software will be free of  viruses or other destructive code. You are responsible for implementing sufficient procedures  and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of  data input and output, and for maintaining a means external to our site for any reconstruction of  any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE  LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL  MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER  PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF  THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH  THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT,  OR ON ANY WEBSITE LINKED TO OR THROUGH IT. 

YOUR USE OF THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE,  ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH  THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,  WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY  MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE  COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR  AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING,  NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY  REPRESENTS OR WARRANTS THAT THE SOFTWARE, ITS CONTENT, OR ANY 

SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE,  RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE  CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE  FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT  THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH  THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY  DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,  STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY  WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR  PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless Share Good, its affiliates, licensors, and  service providers, and its and their respective officers, directors, employees, contractors, agents,  licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,  judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising  out of or relating to your violation of these Terms and Conditions or your use of the Software, including, but not limited to any use of the Software’s content, services, and products other than  as expressly authorized in these Terms and Conditions, or your use of any information obtained  from the Software. 

Governing Law and Jurisdiction 

All matters relating to the Software and these Terms and Conditions, and any dispute or claim  arising therefrom or related thereto (in each case, including non-contractual disputes or claims),  shall be governed by and construed in accordance with the internal laws of the State of Nebraska  without giving effect to any choice or conflict of law provision or rule (whether of the State of  Nebraska or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or  the Software shall be instituted exclusively in the federal courts of the United States or the courts  of the State of Nebraska and County of Douglas. You waive any and all objections to the  exercise of jurisdiction over you by such courts and to venue in such courts. 

Waiver and Severability 

No waiver by Share Good of any term or condition set out in these Terms and Conditions shall  be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Share Good to assert a right or provision under  these Terms shall not constitute a waiver of such right or provision. 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent 

jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining provisions of the Terms and  Conditions will continue in full force and effect. 

Entire Agreement 

The Terms and Conditions, our Privacy Policy, and any software as a service agreement we have  entered into constitute the sole and entire agreement between you and Share Good regarding  the Software and supersede all prior and contemporaneous understandings, agreements,  representations, and warranties, both written and oral, regarding the Software. 

Your Comments and Concerns 

This website is operated by Share Good, LLC, 6825 Pine Street STOP B3, Omaha, NE 68106. 

All other feedback, comments, requests for technical support, and other communications relating  to the Software should be directed to: operations@sharegoodusa.org