TERMS OF USE AND PRIVACY NOTICE

Updated January 1, 2021

The Be Good Project Foundation

Terms of Use

  1. Overview

These Terms of Use constitute a legal agreement between you and The Be Good Project Foundation (“Be Good Project”, “we”, “our”, or “us”) stating the terms and conditions that govern your use of the website provided by Be Good Project (collectively, the “Platform”).  Please read the Terms of Use carefully.  By downloading, installing, and/or using the Platform, you agree to be bound by and comply with the Terms of Use.  You hereby represent and warrant that you are legally able to form a binding contract with Be Good Project.  If you do not agree to these terms and conditions, do not download, install and/or use the Platform.

Be Good Project reserves the right to make changes to the Platform and to the Terms of Use at any time.  All changes are effective immediately when posted.  Your continued use of the Platform following the posting of the revised Terms of Use means that you accept and agree to the changes.  

All Information Be Good Project collects is subject to our Privacy Notice posted here.  By using the Platform, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice.  The Privacy Notice is incorporated into and governed by these Terms of Use.  To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.  Terms like “Information” that are in these Terms of Use but not defined here are defined in the Privacy Notice.

  1. Intellectual Property

The Platform and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Platform Content”) are the property of Be Good Project or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.

The Be Good Project name and related logos are trademarks and service marks (“Marks”) of Be Good Project.  Be Good Project's Marks may not be used without advance written permission of Be Good Project, including in connection with any product or service that is not Be Good Project's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Be Good Project.  Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.

If you believe that any content on the Platform violates your intellectual property rights, please notify Be Good Project as described in Section 23.

  1. Limited License And Prohibited Uses

Be Good Project grants you a personal, non-assignable, and non-exclusive license to access and use the Platform and Platform Content only as an informative resource while using the Platform.  Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of the Platform or Platform Content without prior permission of Be Good Project is strictly prohibited.  You may not download, print, copy, distribute, lease, or otherwise use the Platform or Platform Content for commercial purposes, including publication, sale, or personal gain.  You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content.

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.  You agree that you will not:

  • Use the Platform in any way that violates any applicable federal, state, local or international law or regulation.
  • Use the Platform for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms of Use.
  • Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation, unless you have received authorization from Be Good Project to advertise through the Platform.  
  • Impersonate or attempt to impersonate Be Good Project, a Be Good Project employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by Be Good Project, may harm Be Good Project or users of the Platform or expose them to liability.
  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Be Good Project’s prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • Attack the Platform via a denial-of-Platform attack or a distributed denial-of-Platform attack.
  • Otherwise attempt to interfere with the proper working of the Platform.
  1. Account Registration

To access the Platform, you may be asked to provide registration details or other Information.  It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate.  All Information you provide to register with the Platform or otherwise is governed by our Privacy Notice, and you consent to all actions Be Good Project takes with respect to your Information consistent with our Privacy Notice.

  1. Advertising Policies 

The Platform may contain advertisements. In consideration for Be Good Project letting you access and use the Platform, you agree that we, our affiliates, and our third-party partners may place advertising on the Platform. 

  1. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable.  You are responsible for all uses of your account and Login Credentials, whether or not authorized by you.  You agree to notify Be Good Project immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security.  Be Good Project reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Be Good Project’s opinion, you have violated any provision of these Terms of Use.

  1. Disclaimer And Limitation of Liability

WHILE BE GOOD PROJECT ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE PLATFORM, THIS PLATFORM IS PROVIDED ON AN "AS-IS" BASIS.  BE GOOD PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS PLATFORM OR ANY OTHER SITE TO WHICH IT IS LINKED.  TO THE EXTENT PERMITTED BY LAW, BE GOOD PROJECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.  BE GOOD PROJECT’S DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM OR ANY SITE FOR WHICH THE PLATFORM PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES.  YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE PLATFORM.  FROM TIME TO TIME, BE GOOD PROJECT MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE PLATFORM, OR THE ENTIRE PLATFORM, FOR ANY REASON.  BE GOOD PROJECT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.  IF YOUR USE OF THIS PLATFORM RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, BE GOOD PROJECT IS NOT RESPONSIBLE FOR THOSE COSTS.

ALL ARRANGEMENTS THROUGH THE PLATFORM ARE BETWEEN YOU AND THE BUSINESS DONATING GOODS.  BE GOOD PROJECT IS NOT A PARTY TO THOSE ARRANGEMENTS AND HAS NO RESPONSIBILITY REGARDING THEM.  ALL ARRANGEMENTS ARE REVIEWED, ACCEPTED, AND FULFILLED BY THE BUSINESS DONATING GOODS.

  1. Apple and Google’s Liability; Third Party Beneficiary Rights

This is an agreement between you and Be Good Project, and not with Apple, Inc. (“Apple”), or Google, Inc. (“Google”), or others.  Neither Apple nor Google will be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to (i) product-liability claims, (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer-protection laws or similar legislation, and (iv) claims by any third party that the Application or your possession and use of the Application infringes the intellectual property rights of the third party. You agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries to this Terms of Use, and that upon your acceptance of the Terms of Use, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

  1. Third Party Content

This Platform may include content provided by third parties.  All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials.  Those materials do not necessarily reflect the opinion of Be Good Project.  Be Good Project is not responsible for the content or accuracy of any materials provided by any third parties.

  1.   User Contributions

The Platform may contain comment sections, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features ("Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials ("User Contributions") on or through the Platform.

All User Contributions must comply with the content standards set out below.

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Be Good Project, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

  1.  Copyright Complaints; Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to the Company's Copyright Agent at info@thebegoodproject.org (Subject line: “DMCA Takedown Request”). 

Our designated copyright agent to receive DMCA Notices is:

Apollo Rimando

The Be Good Project Foundation

P.O. Box 28745

Seattle, WA 98118

info@thebegoodproject.org

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your user content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Platform and/or terminate the accounts or registrations of any user who infringes any intellectual property rights of others.

  1. Advertising Content and Links To Other Web Sites

Be Good Project may present advertisement for third party websites or provide links to external web sites for the convenience of Platform users.  The inclusion of an advertisement or external link on the Platform does not constitute or imply support or endorsement of any kind.  Be Good Project does not control those advertisements or web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them.  If you decide to view the advertisements or access the third party sites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

  1.   Wireless Access Charges 

Certain Application functions may require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application.  You are solely responsible for any data access or other charges you incur.

  1.   Uninstalling the Application

Uninstallation methods may vary depending on your device.  To uninstall this Application, please use the Application manager provided with your device or consult your device manual for reference.

  1.   Change or Update to Platform; Termination

Be Good Project shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Platform, including but not limited to content or features, without notice to you.  We may also impose limits on certain features and services or restrict your access to parts or all of the Platform with or without notice or liability.  From time to time, Be Good Project may make available updates or upgrades to the Platform via software download or other means.  Such download may occur automatically without the need for an act on your part, or it may require you to manually download an update or upgrade through the same source from which the Platform was originally downloaded.  Certain functions of the Platform may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Be Good Project or otherwise.

The Platform may contain information about Be Good Project or other products or services.  Be Good Project makes reasonable efforts to assure that the Platform information is accurate as of the date the Platform is made available to you.  Such information about Be Good Project or other products or services may be updated from time to time, including without limitation, when the Platform may be updated or upgraded.  You should periodically check whether an updated or upgraded version of the Platform is available for download.

  1. Indemnification

You agree to defend, indemnify and hold harmless Be Good Project, 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 liabilities, damages, judgments, awards, losses, costs, third party claims, injuries to persons or property, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your content, any use of the Platform Content, and services and products other than as expressly authorized in these Terms of Use.

  1. Payment, Fees, and Other Charges

You are solely responsible for all fees associated with your use of the Platform, including paid plans, advertising, and those listed within the Platform and the Platform Content itself.  You are solely responsible for any and all duties, taxes, levies, or fees (including sales, use, or withholding taxes) imposed by any authority on you by virtue of your transactions through the Platform.

  1.   Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1.   Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Be Good Project for which monetary damages would not be an adequate remedy and Be Good Project shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

  1.   Waiver And Severability

No waiver by Be Good Project of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.  Any failure of Be Good Project to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

  1.   Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Be Good Project with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

  1.   Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Washington will govern these Terms of Use without giving effect to any principles of conflicts of laws. 

Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect.  This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington. 

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.  Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

  1.   Communications and Contact Information

Be Good Project may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information.  If you no longer wish to receive communications from Be Good Project, you can click on the “unsubscribe link” provided in such communications or contact us by email at info@thebegoodproject.org.

For all other feedback, comments, requests for technical support and other communications relating to the Platform, these Terms of Use, and the Privacy Notice, please contact us at info@thebegoodproject.org or by mail at:

The Be Good Project Foundation

P.O. Box 28745

Seattle, WA 98118

EFFECTIVE DATE: June 23, 2020

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501(c)3 Tax ID No. 46-3975456