Last Modified: 2021-10-28
1. Acceptance of the Terms of Service
Welcome to the website of Fundfly, owned by Stonebeach Partners, LLC (the “Company,” “we,” “us” or “our”). The following terms of service (together with any documents referred to in them) (collectively, these “Terms of Service”) apply to your access to and use of www.fundfly.com, any external widgets, or our corresponding application programming interfaces (API’s) (collectively, the “Website”) and any services (including fundraising services), content, links, functionality, features, products, materials, or other items (including, but not limited to, all information, data, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) offered or obtained on or through the Website (collectively, “Content”).
2. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time. You must check this page every time you use the Website to take notice of any changes we made, as they are binding on you. All material changes shall apply prospectively only. Any changes to the dispute resolution procedures set forth below in Section 29 shall not apply to any disputes for which you and the Company had actual notice as of the date the change was posted on the Website. By continuing use of the Website following the posting of revised Terms of Service, you agree to be bound and abide by any changes.
3. Accessing the Website
a. Legal Age. If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these Terms of Service and agree to them for you, before you use this Website or provide any information to us. You must review these Terms of Service with your parent or guardian, so that you both understand how the Website works and what restrictions apply to your use of our Website.
b. Withdrawal, Amendment or Unavailability of Website. We may withdraw, change, or amend this Website and its Content in our sole discretion at any time without notice. You must not hold us responsible or liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access by you or other users to some parts of the Website, or the entire Website, or close the Website indefinitely. From time to time, we may amend the Website. Any of the Content on the Website may be out of date at any given time, and we may choose not to update such Content.
c. User Responsibility. You must make all arrangements necessary for you to have access to the Website. You must ensure that all persons who access the Website through your internet connection are aware of these Terms of Service, and that they comply with them.
d. User Information. We may require you to provide certain information as a condition for your access to the Website or some of the resources it offers. All information you provide on the Website must be correct, current, and complete. You must use particular caution when providing personal information on the Website from a public or shared computer so that others are not able to view or record your personal information.
4. Fundfly Services Description
Fundfly and the Website are offered as a platform to allow individuals (singularly “Donation Recipient” and collectively “Donation Recipients”) to post a fundraising campaign to accept monetary donations (“Donations”) from donors (“Donors”) for the purpose of transferring Donations as a payment to the Donation Recipient’s student loan account.
5. Payment Processor
The Company is not a payment processor and does not hold any funds. Instead, the Company uses third-party payment processing partners to process Donations for the Donation Recipient’s fundraising campaign. You acknowledge and agree that the use of third-party payment processes is required to facilitate the donation services on the Website.
6. Payment Processor Fees
The third-party payment processors may require industry-standard fees for actions including, but not limited to, processing, storing, and disbursing Donations to a Donation Recipient’s student loan account.
7. The Company and Website are platforms; We are not a Broker, Financial Institution, Creditor, or Charity
The Website is only an administrative platform. The Company through the Website facilitates Donation Recipients posting of fundraising campaigns and permits Donors to make Donations to these fundraising campaigns. The Company and its Website is not a broker, agent, financial institution, creditor, or charity.
All Content provided on the Website relating to the fundraising campaigns or other Content is for informational purposes only, and the Company does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No Content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Donation Recipient, fundraising campaigns, Donations, Donors, or any information or Content relating to the Company or the Website, you should consult your financial, legal, tax, or other professional advisor as appropriate. You acknowledge that all Content accessed by you using the Website is at your own risk.
The Company has no control over the conduct of, or any information provided by, any Donation Recipient or Donor (collectively “Users”) and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any fundraising campaign or Users, and we make no guarantee, express or implied, that any information provided through the Website is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any fundraising campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Donation Recipient or fundraising campaign.
8. No Solicitation
The Website is a platform to aid Donation Recipients raise money to pay student loan debt through fundraising campaigns. The Website and the Content are not a solicitation for donations by the Company. The Company does not engage in any solicitation activities or provide consultations for soliciting donations from the public. By using the Website, you understand and agree that the Company shall not be responsible for the use of your Donations or the amount of funds raised for the Donation Recipient or fundraising campaign.
All Donations are at your own risk. When you make a Donation through the Website, it is your responsibility to understand how your money will be used. The Company is not responsible for any offers, promises, rewards, or promotions made or offered by Users or fundraising campaigns. We do not and cannot verify the information that Users or fundraising campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or fundraising campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or fundraising campaign is not legitimate, please use the [REPORT MECHANISM ON WEBSITE] on the fundraising campaign’s page to alert our team of this potential issue and we will investigate.
Donors are not permitted to impose restrictions on the use of Donations by a Donation Recipient.
The Company makes no representation as to whether all or any portion of your Donations, including, if any, industry-standard fees of payment processor services, are tax deductible or eligible for tax credits. The Company will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you or any other User. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the Donation Recipient of any Donation in any relevant jurisdiction.
10. Donor Conduct
a. Donations. In order to contribute to a fundraising campaign, a Donor will be required to provide the Company information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Website. You, as a Donor, represent and warrant to the Company that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless the Company, in its sole discretion, agrees to issue a refund. The Company uses third-party payment processing partners to bill you through your Payment Instrument and account for any Donations made, and Donors acknowledge that by contributing a Donation to a fundraising campaign, the Donor agrees to the processing, use, transfer, or disclosure of data by our payment processors pursuant to any and all applicable terms set forth by our payment processor partners, in addition to these Terms of Service, including our payment processors’ terms of service.
b. Recurring Donations. Donors may have the option to make a recurring Donation. If a Donor elects to contribute on a recurring basis, then that Donor hereby acknowledges and authorizes that the recurring Donation will automatically renew and have a recurring payment feature which processes a payment on Donor’s Payment Instrument. Donor’s recurring Donation will continue to be collected each recurring Donation period unless and until that Donor cancels or opts out of that recurring Donation option, which can be done through the Website or by sending a cancellation request to firstname.lastname@example.org, any recurring Donation that Donor signs up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of Donor’s recurring Donations, Donor hereby: (i) authorizes the Company, the Website, and our payment processors to bill Donor’s Payment Instrument in the amount of the applicable Donation amount in advance on a periodic basis until Donor terminates such periodic payments by cancelling or opting out of the recurring Donation option, (ii) accepts responsibility for payment of all recurring Donations occurring prior to cancellation or opt out and (iii) agrees to promptly update Donor’s Payment Instrument or other necessary information (including, but not limited to, billing address, credit card expiration date, and card verification value) with any changes. Changes to or termination of the recurring Donation will apply only to Donations that take place after the Company receives notice of such change or termination. The Company does not provide refunds of any amounts received in connection with previously made recurring Donations. Additionally, by enrolling in any recurring Donation option, that Donor acknowledges and agrees to any and all such recurring Donations, that (a) the ongoing maintenance and operation of each recurring Donation are the sole responsibility of Donor, and subject to the sole discretion of the Donation Recipient, (b) individual recurring Donations may not be tax deductible, even if previous Donations for the same recurring Donation were, and the amount of each recurring Donation that is tax deductible may vary, (c) one or more specific recurring Donations may not be provided to or received by the intended Donation Recipient if that Donation Recipient becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the Donation Recipient becomes subject to an investigation or is suspended or removed from the Website by the Company or (d) the amounts actually received by the applicable Donation Recipient may differ from one recurring Donation to the next (for example, if our payment processor’s fees associated with the recurring Donation change).
Your non-termination of a recurring Donation option reaffirms that the Company is authorized to charge your Payment Instrument for the recurring Donation in accordance with these terms. This does not waive the Company’s right to seek payment directly from the Donor.
11. Donation Recipients
a. Agreement by Donation Recipients. You, as a Donation Recipient, represent, warrant, and covenant that (i) all information you provide in connection with a yourself and your fundraising campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your fundraising campaign will be used solely for payment of your student loan account; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize the Company, and we reserve the right to, provide information relating to your fundraising campaign to Donors or law enforcement, and to assist in any investigation thereof.
b. Your Registration Obligations. You may be required to register an account on the Website in order to access and use certain features. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. Donation Recipients must register using their true identities, including their name, address, and any image or video purporting to depict the Donation Recipient. You agree to keep registration information current and up to date.
12. Prohibited User Conduct
You are solely responsible for compliance with all applicable law in relation to your fundraising campaign or use of the Website. You are further solely responsible for all Content that you upload, post, publish, display, transmit, or otherwise use. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
We reserve the right to remove any fundraising campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate a fundraising campaign, a User, or a User’s Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Website, remove the offending Content, suspend or terminate an account, stop payments to any such fundraising campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
You are prohibited from making or accepting Donations through the Website that you know or suspect to be erroneous, suspicious, or fraudulent. You acknowledge and agree to maintain reasonable and standard security measures to protect any information transmitted and received through the Website, including without limitation by adhering to any security procedures and controls required by the Company. You also acknowledge and agree to maintain a copy of all electronic and other records related to fundraising campaigns and Donations as necessary for the Company to verify compliance with these Terms of Service and make such records available to the Company 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. Finally, at the Company’s request, including without limitation in case of investigations by the Company, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
The Company reserves the right to refuse, condition, or suspend any Donations 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 the Company, or that expose you, the Company, or others to risks unacceptable to us. We may share any information related to your use of the Website 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 Donors, your Donations, and transactions made through or in connection with your use of the Website.
13. User Disputes
You agree that you are solely responsible for your interactions with any other user on the Website and that the Company has no liability or responsibility with respect to those interactions. However, the Company reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
14. Donor Lists and Data
Donor Recipient hereby agrees not to use any Donor Data or Donor List for a commercial, promotional, transactional, or other activity for the financial, social, or promotional benefit of the Donor Recipient. Donor Recipient may request, from the Website, the Donor List related to their fundraising campaign. The Website and the Company make no representations, warranties, or guarantees about the accuracy, completeness, or timeliness of any Donor List or any information contained within any Donor List.
Donor may contact the Website at email@example.com to request that the Donor’s Donor Data be removed from a Donor List. The Website and the Company shall make best efforts to comply with such requests while remaining in compliance with any applicable statute, law, regulation, or court order. The Website and the Company shall not be held responsible for any controversy or dispute arising from use of Donor Data or Donor Lists.
It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Website. It is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority.
16. Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to sign out from your account at the end of each session when accessing the Website and also that you will immediately notify the Company of any unauthorized use of your password or account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.
17. Data Retention
You acknowledge that the Company has no obligation to you to retain data relating to any account or fundraising campaign. You acknowledge that the Company reserves the right to delete data or to terminate accounts or fundraising campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
18. Reliance on Content Posted
You understand and acknowledge that the Content presented on or through the Website is made available solely for general information purposes. We do not guarantee or warrant the accuracy, completeness, or usefulness of this Content. You must assume all risk for any reliance you place on such Content. You must not hold us responsible or liable for any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.
19. Restrictions on Use
a. Use of Website. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You must not use the Website:
i. In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
ii. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
iii. To send, knowingly receive, upload, download, use or re-use any material which does not comply with Section 6(e) (User Contribution Standards) of these Terms of Service.
iv. To transmit, or procure the sending of, any advertising, promotional material or any other similar solicitation, without our prior written consent.
v. To impersonate or attempt to impersonate the Company, another user, or any person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
vi. In any way that could disable, overburden, damage, or impair the Website or interfere with any other user's use of the Website, including their ability to engage in real time activities through the Website.
vii. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or other users of the Website or expose them to liability.
b. Interference with Website. Additionally, you must not:
i. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the Content on the Website.
ii. Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
iii. Use any device, software or routine that interferes with the proper working of the Website.
iv. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
v. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
vi. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
vii. Otherwise attempt to interfere with the proper working of the Website or its Content.
c. Geographic Restrictions. The owner of the Website is based in the State of Indiana in the United States. You understand and acknowledge that: (i) we provide this Website for use only by persons located in the United States; and (ii) access to the Website may not be legal by certain persons or in certain countries. We do not represent or warrant that the Website or any of its Content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so of your own initiative and must comply with any applicable laws in that jurisdiction.
20. User Contributions
a. Definition of Servicer Contributions. The Website may contain message boards, forums, comment sections, bulletin boards, and other interactive features that allow you to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
b. Compliance with Terms of Service. All User Contributions must comply with Section 6(e) (User Contribution Standards) of these Terms of Service. You represent and warrant that all of your User Contributions do and will comply with these Terms of Service. You must defend, indemnify and hold harmless the Company and its partners, licensors, service providers, contractors, suppliers, employees, agents, officers and directors (collectively, “Affiliates”) for any breach of that representation and warranty.
c. Rights in User Contributions. You understand and acknowledge that any User Contributions you post to the Website are non-confidential and non-proprietary. We may use, copy, distribute and 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 you post to the Website and have the right to grant the Company and its Affiliates the license granted above.
d. User Responsibility. You understand and acknowledge that: (i) you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness; and (ii) any information and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other information, other than the information provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. You must not hold us responsible or liable for the contents or accuracy of any materials posted by any other user of the Website. You must defend, indemnify and hold harmless the Company and its Affiliates from any claim by any third-party regarding the contents or accuracy of any materials posted by you on the Website.
e. User Contribution Standards. You must ensure that your User Contributions in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must not post User Contributions that:
i. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
ii. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
iii. Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
v. Be likely to deceive any person.
vi. Promote any illegal activity, or advocate, promote or assist any unlawful act.
vii. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
viii. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
ix. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
x. Give the impression that the User Contributions emanate from us or any other person or entity, if this is not the case.
f. Monitoring. We may not undertake to review all material before it is posted on the Website. We do not represent or warrant that prompt removal of objectionable material after it has been posted will occur. You must not hold us responsible or liable for: (i) any action or inaction regarding transmissions, communications or content provided by any other user or third-party; or (ii) performance or non-performance of the activities described in the following section.
g. Enforcement. We may:
i. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
ii. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates these Terms of Service, including Section 6(e) (User Contribution Standards), infringes any intellectual property right or other right, threatens the personal safety of other users of the Website and the public or could create liability for the Company.
iii. Disclose your identity to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
v. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.
vi. Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
21. Intellectual Property Rights
a. Ownership by the Company. You understand and acknowledge that: (i) the Website and its Content are owned by the Company, its Affiliates, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws; (ii) the Company name, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its Affiliates; (iii) all other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners; and (iv) no right, title or interest in or to the Website or any Content on the Website is transferred to you. You must not use such marks and other Content without the prior written consent of the Company or their respective owners. We reserve all rights not expressly granted herein.
b. Restrictions on Use of Website Content. You may use the Website for your personal, non-commercial use, or legitimate business purposes related to your role as a current or prospective user, supplier, or distributor of the Company. You must not:
i. Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except to: (1) store copies of such Content temporarily in Random Access Memory (RAM); (2) store files that are automatically cached by your web browser for display enhancement purposes; or (3) print a reasonable number of pages of the Website for a permitted use.
ii. Modify copies of any Content from the Website.
iii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
iv. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Website.
v. Reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or its Content.
c. Request for Permitted Use. If you wish to make any use of Content on the Website other than that set out in this section, please address your request to firstname.lastname@example.org.
We may, in our sole discretion, choose to grant your request or not.
d. Unauthorized Use. If you print, copy, modify, download or otherwise use any part of the Website in breach of these Terms of Service: (i) we may terminate your right to use the Website immediately; and (ii) you must, at our option, return or destroy any copies of the Content you have made. You understand and acknowledge that any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
22. Infringement of Your Intellectual Property
a. Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please contact us and also notify our designated agent (“DMCA Agent”), as set forth in the Digital Millennium Copyright Act of 1998 (17 U.S.C. §512), also known as the DMCA. You understand and acknowledge that: (i) other users or third parties may also submit DMCA notices in regard to your own User Contributions; and (ii) we must respond promptly by removing the allegedly infringing material from the Website. We may contact the user from which any allegedly infringing User Contributions originated about your DMCA notice. For your notice to be effective under the DMCA, you, or a person authorized to act on your behalf, must provide to our DMCA Agent substantially the following information in writing:
i. A physical or electronic signature of a person authorized to act on your behalf.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
b. Digital Millennium Rights Act Counter-Notice. If you believe that Content or User Contributions posted on the Website was mistakenly removed, you may file a counter-notice under the DMCA. You understand and acknowledge that: (i) other users or third parties may also submit DMCA counter-notices in regard to your own DMCA notice; and (ii) we must respond promptly by replacing the removed material not less than 10, nor more than 14 business days following receipt, unless you submit notice to our DMCA Agent that you have filed an action seeking a court order to restrain the allegedly infringing activity. We may contact the user or third party from which the DMCA notice originated about your DMCA counter-notice. For your counter-notice to be effective under the DMCA, you, or a person authorized to act on your behalf, must provide to our DMCA Agent substantially the following information in writing:
i. Your physical or electronic signature.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the party who provided notification under subsection (c)(1)(C) or an agent of such party.
c. Submitting a Complaint. The above information must be submitted to our DMCA Agent at email@example.com
d. False Claims. We do not tolerate false claims of infringement. You understand and acknowledge that the DMCA makes complaining parties liable for materially misrepresenting in a notice or counter-notice that Content or User Contributions are infringing an exclusive right or were removed by mistake.
23. Information About You and Your Visits to the Website
24. Website Linking
a. Linking to the Website. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must ensure that the website or application from which you are linking complies in all respects with Section 6(e) (User Contribution Standards) of these Terms of Service. You must cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice.
b. Linking from the Website. You understand and acknowledge that: (i) if the Website contains links to other sites or applications and resources provided by third parties, these links are provided for your convenience only (including links contained in advertisements and sponsored links); (ii) we have no control over the contents of those sites, applications, or resources; (iii) if you decide to access any of the third-party websites or applications linked to this Website, you do so entirely at your own risk and are subject to the terms of Service for such websites and applications. You must not hold us responsible or liable for such links or for any loss or damage that may arise from your use of them.
25. Disclaimer of Warranties
The Company and its Affiliates do not guarantee or warrant, expressly or impliedly: (i) the completeness, security, reliability, quality, accuracy or availability of the Website or its Content; (ii) that the Website or its Content are free of viruses or other destructive code; or (iii) that the Website or its Content shall otherwise meet your needs or expectations. The Company disclaims all warranties of any kind, either express or implied, statutory or otherwise, including, but not limited, to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing shall not affect any warranties which cannot be excluded or limited under applicable law.
26. Assumption of Risk
You must assume all risk associated with your use of the Website or its Content. You must implement sufficient procedures and checkpoints to satisfy your particular requirements for: (1) anti-virus protection; (2) accuracy of data input and output; and (3) maintaining a means external to our Website for any reconstruction of any lost data.
27. Limitation on Liability
You must not hold the Company or its Affiliates responsible or liable for any loss or damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Website or its Content including, but not limited to: (i) damages resulting from 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; (ii) direct, indirect, special, incidental, consequential and punitive damages; and (iii) personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of service, loss of goodwill, and loss of data. You must not hold the Company or its Affiliates responsible or liable for such loss or damages regardless of whether they are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You must defend, indemnify, and hold harmless the Website, the Company, and the Company’s Affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service or your use of the Website or its Content other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website. If the Company suspects that you have breached these Terms of Service, the Company may investigate the matter. You must hold harmless the Company from any and all claims arising out of: (1) any action taken by the Company during or as a result of its investigations; and (2) any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
29. MEDIATION AND ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER
Any dispute arising from these Terms of Service which cannot be resolved by the parties in good faith after making the best effort for a period of not less than 15 days, shall first be submitted to mediation with a neutral mediator agreed upon by the parties, with the cost of the mediator to be borne equally by them. In the event the parties are unable to mutually agree upon a mediator, the Company has the exclusive right to select the mediator. If a dispute cannot be resolved through mediation, the parties agree to submit to binding arbitration with a neutral arbitrator mutually agreed upon by the parties. The cost of binding arbitration will be borne by the parties equally. In the event the parties are unable to mutually agree upon an arbitrator, the Company has the exclusive right to select the arbitrator. The place of arbitration shall be Lake County, Indiana and Indiana law shall apply. The parties further agree that the parties will perform any award rendered by the arbitrator, and that a judgment of any court having jurisdiction may be entered on the award.
30. Governing Law; Venue
Except as described above in Section 29, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Indiana, regardless of any conflicts of law principles. You and the Company submit to the exclusive jurisdiction of the Indiana state courts in Lake County, Indiana or federal courts in the Northern District of Indiana for any and all actions or proceedings arising out of or relating to these Terms of Service, with the exception that we may bring any action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You must waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
31. Limitation on Time to File Claims
You must commence any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website or its Content within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
32. Visitors from Outside the United States
The Company is headquartered in the United States. The Website and the Content are subject to United States law, which may not be equivalent to the laws in your country. By using the Website, you consent to any disputes arising from activity on the Website or the Content shall be handled under Sections 29 and 30 of these Terms of Service. Further, by using the Website or the Content, you hereby waive your right to file a claim in any court outside of the United States.
The waiver, delay, or failure by the Company in exercising any right, power, or privilege granted by any provision of these Terms of Service at any time shall not operate as a continued waiver or preclude the further exercise of any right, power, or privilege granted to the Company by that provision or any other provision of these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall not be terminated but shall be modified to the maximum extent enforceable by law. If a provision cannot be modified to a satisfactory degree in the judgment of such court, the remainder of these Terms of Service shall continue in full force and effect.
35. Entire Agreement
36. Your Comments and Concerns
This Website is operated by Stonebeach Partners, LLC.
All feedback, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Website should be directed to:
Stonebeach Partners, LLC
1915 Mirmar Ln.
Munster, IN 46321