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