Terms of Use
These Terms of Use are an agreement between you, on the one hand, and us, being collectively Capital for Good USA (a US nonprofit organization), its affiliated entities, and as may be applicable, its philanthropic or charitable funds (including, without limitation, the “Girls First Fund”) (collectively, “CFG”, “we,” “us,” or “our”), regarding your access to and/or use of the Capital for Good USA website (www.capitalforgood.org), the website www.girlsfirstfund.org, the website(s) of any of our affiliated entities and any other website(s) that are under our direct control, as well as any successor website(s) (collectively, the “website(s)”). These Terms of Use incorporate by reference our Privacy Policy, and any additional terms and conditions that may be provided or posted by us, all of which govern your access to and use of the website(s) and any Services.
By accessing or using any of our website(s) or any Services you accept and agree to be bound by and comply with the Terms of Use and the Privacy Policy. If you do not agree to comply with the Terms of Use and the Privacy Policy, or if your jurisdiction does not or will not uphold these Terms of Use or the Privacy Policy, you are not authorized to use our website(s) or Services.
We may revise, change, or modify each of the Terms of Use and the Privacy Policy at any time at our sole discretion. All such changes will be effective immediately when posted by us or notified to you. By using the website(s) or Services, thereafter you agree to and accept the Terms of Use and Privacy Policy as so modified. You are responsible for keeping yourself informed of any such modifications or changes. If you do not agree to any of these requirements, the Terms of Use or the Privacy Policy, you should not use our website(s) or Services.
1. Registration and Access
The website(s) or Services may require you to submit information, such as to register, create an account or profile, or to provide a username, password, or other information. Usernames, passwords and similar access or use information should be treated by you as confidential. You agree not to disclose to others or allow them to use your username, password, or other access or use information, and that such identifiers or other information may be relied on by us and our agents, affiliates, and third parties as being used solely by you. You agree to provide us accurate and complete information, and to promptly keep such information current, updated, and accurate.
2. Names and Marks
Our website(s) and/or the Services contain one or more trademarks, trade names, corporate, entity, fund, product, service, or other names, slogans or identifiers, service marks, logos, designs, and other marks, intellectual property, or matters subject to proprietary rights or protections (collectively, the “marks”). You acknowledge and agree that all such marks are owned by us or other respective third party owners, and that you may not use any such marks without our prior written approval or that of the respective owner of such mark(s).
3. Confidentiality and Intellectual Property
Our website(s) and the Services, including all content, features, Materials, functionality, source code, software, displays, images, text, video, audio, designs, arrangements, and other information and presentation (collectively, the “Materials”) are owned by us, or as may be applicable, our licensors, providers, or relevant third parties. All such Materials constitute our confidential or proprietary information or the applicable third party. Such Materials (or content or information therein) also are or may be subject to our claim of intellectual property and other proprietary rights and protections or that of an applicable third party. You agree to protect the confidentiality of the Materials (and content and information therein), and not to disclose, disseminate, or republish such Materials (or any content and information therein) without our prior written permission (and, where applicable, the relevant third party). You may not use such Materials (or the content and information therein), other than as agreed by us in writing and otherwise in accordance with the Terms of Use and applicable law.
No right, title, or interest to our website(s), the Services, or any Materials (or the content or information therein) is transferred or granted to you, except as may be agreed by us in writing. All rights not expressly granted by us in writing are hereby reserved by us.
4. Your Use
You are permitted to access and use our website(s) and Services only as permitted by these Terms of Use or as expressly permitted by us in writing. Unless otherwise agreed by us in writing, your access and/or use of our websites(s), the Services, and any Materials must at all times be for non-commercial purposes, and not for solicitation, marketing, promotional, or fundraising purposes, or for the benefit or any third party. Your use of our website(s), Services, and/or Materials must at all times be for legitimate purposes only, and in compliance with all applicable laws and the Terms of Use and Privacy Policy.
You may not reproduce, distribute, modify, create derivate works of, publicly display, or perform, re-publish, download, or disseminate our website(s), the Services, or the Materials or information therein except as authorized by us in writing. If you breach any term, provision, or obligation of the Terms of Use, or use of our website(s), the Services or Materials (or the information therein) other than as expressly agreed by us in writing, you may violate applicable law or the rights of us or third parties.
Without limitation on the foregoing or the other provisions or requirements of the Terms of Use, you may not (and you may not facilitate others to):
access or use our website(s), the Services, or Materials in violation of applicable law, the Terms of Use, or the Privacy Policy;
use our website(s), the Services, or Materials in any manner to the detriment of rights or reasonable interests of us or other users, persons, or entities;
take any action or use any device, software, file, program, code, process, or method that may interfere with, damage, or hinder our website(s), equipment, software, or systems;
transmit or use any viruses, files, programs, code, software, process, method, or device that is harmful, malicious, or damaging in any way, or that may damage, burden, impair, or interfere with our website(s), equipment, or the Services;
attempt to gain unauthorized access to our website(s), or attack our website(s), equipment, or systems;
download, store, transmit, or use information, documents, or Materials from our website(s) from or about us or others in a manner that is unlawful or that violates our rights or others;
take any action or use any process to copy, monitor, or gather information from or about us, our website(s), the Services, Materials or other users, including, without limitation, through data mining, scraping, or other methodologies;
reverse engineer, decompile, or disassemble any portion of our websites(s), or reproduce, modify, adapt, translate, create derivates works of, or otherwise use our website(s), the Services, or Materials, except as permitted by us in writing;
use, transmit, display, or distribute any statements or materials that are (or that reasonably may be considered to be) pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, unlawful, tortious, objectionable, obscene, invasive of privacy, discriminatory, or otherwise inappropriate;
access or use our website(s), the Services, or Materials for any advertising, solicitation, or promotional purposes, or to contact other users, without our prior written consent; or
use our website(s), the Services, or Materials for any improper purpose or in any improper manner, including, without limitation, by requesting personally identifiable information of others or to contact, target, exploit, or harm minors.
5. Linked Websites and Other Materials
Our website(s) or Services may provide access to the websites of other persons or entities (“Other Websites”) and materials therein or therefrom (“Other Materials”). Such Other Websites are not under our control, and we are neither affiliated with nor responsible for Other Websites, their terms of use, privacy policies, the content or accuracy of Other Materials, or the actions or omissions of Other Websites or the persons or entities who own, control, manage, supervise, direct, or are associated with such Other Websites, or persons or entities who provide or display Other Materials. We do not endorse such Other Websites or Other Materials, nor are we in any manner responsible or liable for any Other Websites or Other Materials. Any availability of Other Websites or Other Materials on or through our website(s), the Services, or Materials does not create a legal relationship between us and you with regard thereto.
Your access or use of Other Websites and/or Other Materials is, at all times, at your own risk, and may be subject to requirements or obligations applicable to or among you and relevant third parties.
6. User Content
Our website(s) or the Services may provide the means for you to participate in and/or post, submit, display, disclose, disseminate, or publish to us or other persons or entities, information, data, and materials in any form (collectively, “User Content”), whether publicly or on a more limited basis, through methods such as chat rooms, forums, interactive features, or by other means. This functionality may be provided or made available by us directly on our website(s) or as part of our Services, or by linking our website(s) to a third party service provider, or by other means. Certain information, such as your username and profile picture, may be publicly displayed on our website(s), along with any User Content you submit, post, or provide. Please be aware that anything you post or provide may be made public, and others who have access to your User Content may use it or share it with third parties. If you choose to voluntarily disclose personal information, that information will be considered public information and the protections of the Privacy Policy will not apply. If you submit User Content, it may be published online or offline at any time. In addition, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity, promotional, or other activities.
We cannot limit, prevent, or be responsible for how others may use and/or distribute your or others’ User Content. By contributing User Content, you represent and warrant that: (a) you are at least 18 years old; (b) you own, control, or otherwise have all rights to such User Content; (c) the User Content you submit does not infringe or violate the rights of any third party; and (d) the User Content complies with the Terms of Use and Privacy Policy. You agree that you are solely and fully responsible for any User Content you provide, including, without limitation, its legality, appropriateness, accuracy, and compliance with applicable law, the rights of other persons and entities, the Terms of Use, and Privacy Policy. We are not in any way responsible or liable to you or any other person or entity with regard to User Content. We make no claim, representation, warranty, or guarantee in any manner regarding any User Content, the rights to and non-infringement of User Content, or the accuracy, completeness, integrity, quality, or usefulness of any User Content, and we hereby disclaim all liability, responsibility, warranties, and representations as to User Content. Any reliance on or use by you or others of User Content is solely at your/their own risk.
You grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display User Content, in whole or in part, as well as your name and certain other identifying information, including, without limitation, any social media identifiers, pictures, images, likenesses, posts, statements, and other information made available or provided by you, in any form, whether now known or subsequently developed.
User Content that you provide or make available may not:
violate applicable law or the rights of us or other persons or entities;
be pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, unlawful, tortious, objectionable, obscene, invasive of privacy, discriminatory, or otherwise inappropriate;
involve commercial activity, sales, fundraising, advertising, promotional activity, solicitation, or the like;
seek to obtain the personal information of other persons or entities; or
misrepresent you or others, or present false or misleading information.
We may refuse to post User Content and we may remove User Content at any time at our sole discretion. In addition, we may deny you access to or use of the website(s), User Content, Materials, or Services, without liability or obligation to us.
7. Location and Export
Our website(s) are provided from the United States of America, and there is no intention that we be subject to the laws of any other country, jurisdiction or non-US authority or court. Your access to or use of our website(s) or any Services, whether such access or use is from within the United States or from any other country or location, is at all times and in all circumstances at your own risk.
You are responsible for complying with all laws and requirements applicable to you and your activities. Among other things, you must comply with US and other applicable laws and requirements pertaining to export controls, embargoes, sanctions, terrorism, and other restrictions and prohibitions. We may limit access to or use of our website(s) by you or any other person or entity, at any time in our sole discretion, without liability or obligation to us.
8. Changes to the Terms of Use
We may revise, update, or otherwise modify the Terms of Use (and the Privacy Policy) at any time and from time to time, in our sole discretion. Any revisions, updates or other changes to the Terms of Use will be effective upon posting by us on our website(s) or notification to you, and such modified Terms of Use will apply to your subsequent access to or use of our website(s) or the Services. By accessing or using the website(s) or Services, you accept and agree to the Terms of Use applicable at such time.
9. Disclaimer of Warranties; Limitation of Liability
Our website(s), all Materials, and information therein and all Services are provided by us, our affiliates or applicable third parties at all times on an “AS IS” and “as available” basis, and without duties, warranties, or representations of any kind or nature, whether express, implied, statutory, or otherwise. We, on behalf of ourselves and our affiliated entities and our/their officers, directors, employees, agents, representatives, licensors, providers, and suppliers, disclaim and exclude all warranties and representations of any kind or nature, whether express or implied, including without limitation any and all warranties and representations with regard to merchantability, fitness for particular purpose or use, non-infringement, title, duty of workmanlike effort or lack of negligence. Further, we make no representations or warranties, whether express or implied, as to the completeness, accuracy, security of the website(s), associated systems, software, equipment, services, materials or information, reliability, quality, absence of error, availability, access, use, or the absence of viruses, or harmful processes or information. You expressly agree to all such disclaimers and exclusions, whether contained in this provision or other provisions of the Terms of Use or Privacy Policy. All risks lie with you with regard to the website(s), materials, and services.
Although we intend to take reasonable measures to prevent the introduction of viruses or harmful processes on our website(s), we cannot and do not provide any guarantee, warranty, or representation that the website(s), associated systems, Materials or Services are free from any viruses or other harmful processes, and under no circumstances shall we be liable in any manner to you or others for any damage, losses, or harm in connection with the foregoing or your access or use of the website(s), associated systems, materials, services, or information.
We, our affiliated entities, and our/their officers, directors, employees, agents, representatives, licensors, providers, and suppliers, are not liable to you under any legal theory or other basis (including, without limitation, pursuant to contract, tort, strict liability or otherwise) for damages or losses of any kind or nature, including, without limitation, direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages or losses, pain, injury, suffering, emotional distress, loss of revenue, income, opportunities, profit or goodwill, cost of substitute goods or services, loss or misuse of data, information or materials, loss or absence of access, use or security, and all other costs, expenses, damages and losses, arising from or in connection with your access to or use of (or inability to access or use) any of our website(s), Materials, Services, and any information and content therein, any other websites, materials, services, content, information, or links on our website(s) or provided by other persons or entities, or your breach of the Terms of Use, even if advised of the possibility of such damages or losses and even if foreseeable. Except as otherwise specified herein, you agree that your sole and exclusive remedy is to discontinue use of our website(s).
The foregoing provisions of this Section are subject to the requirements of applicable law, which under certain circumstances may not permit certain limitations, exclusions, or disclaimers.
10. Release and Indemnification
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your access to or use of our website(s) or any Services or Materials, you hereby unconditionally release and waive any and all claims and liability against us, our affiliated entities, our/their officers, directors, employees, agents, representatives, licensors, providers, and suppliers, arising from or in connection with your access to or use of (and any inability to access or use) our website(s), Services, Materials, and content and information therein (including any other websites, materials, services, content, information, or links on our website(s) or provided by other persons or entities). Unless otherwise required or limited by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and applicable third parties, from and against any and all claims, demands, losses, damages, fines, penalties, taxes, charges, assessments, costs, and expenses (including, without limitation, reasonable attorney’s fees), in connection with or arising from your acts, omissions, use of our website(s), Services, Materials, your User Content, your breach of these Terms of Use, and any non-compliance by you with applicable law.
11. Termination; Survival
We reserve the right, at any time and in our sole discretion, to terminate, discontinue, or modify any or all of our website(s), features, components, Services, Materials, and the Terms of Use, as well as your access to or use of any of the foregoing, without notice to you, or liability to you, or any other person or entity. Such termination may, without limitation, be as a result of your violation of the provisions or spirit of the Terms of Use or other applicable polices, terms or conditions, or your misuse of our website(s), the Services, Materials or User Content. Provisions of the Terms of Use that by their nature do not terminate with the termination or discontinuation of the Terms of Use, our website(s) or Services, shall survive any termination or discontinuation thereof.
12. Governing Law and Jurisdiction
The Terms of Use are governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to rules or principles of conflicts of law. You agree to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Pennsylvania, USA to resolve any and all disputes regarding the Terms of Use, and you expressly waive any and all claims, demands, or rights with regard to objecting to such jurisdiction, venue, or forum (including claims of forum inconvenience or other similar objections).
13. Infringement and Other Complaints.
If you believe, in good faith, that any material on our website(s) infringes your copyright, you may send a written notice to us and you may request that we remove such matter or block access to it. If you believe, in good faith, that somebody has wrongly filed a notice of copyright infringement against you, you may also send us a written counter-notification. If you have any question or complaint regarding our website(s), you may send us a written notification. Our address is as follows: Capital for Good USA, 1536 E. Lancaster Avenue, Paoli, PA 19301, USA.
14. Other Provisions
The Terms of Use, and any terms, conditions, policies, or documents referenced herein, form the entire agreement between us and you with regard to the subject matter hereof, and supersede all prior agreements or understandings (whether oral or written) between us and you with regard to the subject matter hereof.
If any term or provision of the Terms of Use now or hereafter is determined to be invalid, illegal, or incapable of being enforced under applicable law or as a matter of public policy, such term or provision shall be deemed severable and all other terms and provisions shall remain in full force and effect.
We may assign, transfer, or sublicense any or all of our rights or obligations under the Terms of Use at any time in our sole discretion. You may not, without our prior written approval, transfer, assign, or sublicense any of your rights or obligations under the Terms of Use.