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Terms of Use

Effective: November 29, 2023

These Terms of Service (“Terms”) sets forth the terms, conditions and limitations that apply to your use and access of the website located at lfcharities.dev and associated sub-domains (the “Site”), our mobile apps, and the products or services that we provide thereby.

In these Terms, the “we”, “us” or “our” means LF Charities, Inc., a Delaware nonstock corporation and (as the context suggests) its stockholders, members, managers, directors, officers, employees, agents, representatives, affiliates, contractors, service providers, and/or designees; “both of us” means both you and us; “Terms” includes these Terms and other documents incorporated herein by reference, collectively or individually as the context suggests, offered by us; “you”, “your”, or “User” means the person or company using the Site. 

By accessing or using the Site, you understand and agree to be bound by the terms and conditions of these Terms and our Privacy Policy (as defined below), as each may be amended at any time and from time to time. If you do not agree to these Terms, then you may not use the Site. You agree and represent that: (a) you have the authority to enter into and be bound by these Terms, and you will not use the Site in any manner or attempt to use the Site in any manner that will violate these Terms; and (b) you are 18 years or older.

Use of the Site

Subject to these Terms we grant you the limited, personal, worldwide, non-exclusive right to use the Site solely for non-commercial purposes.

You agree to use the Site and any LFC Content (as defined below), in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the Site or LFC Content, nor will you use the Site or related services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any LFC Content or use the Site in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  • infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  • interferes with others using the Site;
  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  • disrupts, interferes or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services;
  • uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
  • prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
  • uses any LFC domain name, or confusingly similar variation, as a pseudonymous return email address;
  • attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any LFC Content or the Site;
  • reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Site or LFC Content, use of the Site, or access to the Site;
  • publishes, publicly performs or displays, or distributes to any third party any LFC Content, including reproduction on any computer network or broadcast or publications media;
  • systematically collects and uses any LFC Content including the use of any data mining, or similar data gathering and extraction methods;
  • makes derivative uses of the Site or the LFC Content;
  • uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.

Your access and use of the Site may be interrupted at any time and from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to you or any third party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Site, including any associated software or other materials supplied in connection with the Site, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the Site. 

Third Party Software and Service Providers 

To facilitate the function of certain areas of the Site, we may license software, tools and services from third party providers. At any time and from time to time, we may revise these Terms as requested by our third-party providers and require that you agree to additional pass-through terms and conditions with respect to such third party providers. In the event that any use of the services of such third-party provider results in you leaving our Platform and entering the site of a third party provider, then you will be subject to the terms of service or use and privacy policy of such third party provider, so please review such terms carefully. 

Intellectual Property Rights

Except as otherwise provided on the Site (e.g., statements that certain content is provided under license from a third party), content on the Site, including all materials posted by the LFC, is licensed under a Creative Commons Attribution 3.0 License (“LFC Content”).

All logos and trademarks contained on this Web site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted. LFC Trademark Policy can be found here.

Except as otherwise expressly stated, by providing the LFC Content, LFC does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Users Submissions

Users are solely responsible for all materials, whether publicly posted or privately transmitted, that users upload, post, e-mail, transmit, or otherwise make available on our sites (“User Content”). LFC shall not be liable for any claims arising out of User Content. You warrant that you have all rights needed to provide the User Content in accordance with these terms and all applicable laws or regulations.

Some LFC workgroups or other projects that may be hosted by LFC or its affiliates may have license terms or agreements that are specific to the Workgroup or project and may require Users to sign an agreement (such as a Contributor Agreement) assigning and/or licensing rights in submissions made to such Workgroup or project. In all such cases, and to the extent there is a conflict, those license terms or agreements take precedence over these Terms of Use. With respect to any User Content not governed by other workgroup or project specific terms or agreements, you agree that the following non-exclusive, irrevocable, royalty-free worldwide licenses shall apply:

Code Submissions. User Content in the form of source or object code will be deemed to be submitted, provided, or uploaded to LFC and its other Users under the BSD License. If you do not agree to this provision, you shall not add, share, or contribute source or object code to the Site.

All Other Submissions. User Content that is not in the form of source or object code, including but not limited to white papers, dissertations, articles or other literary works, power point presentations, encyclopedias, anthologies, wikis, blogs, diagrams, drawings, sketches, photos or other images, audio content, video content and audiovisual materials, will be governed by the Creative Commons Attribution 3.0. If you do not agree to this provision, you shall not such User Content to the Site.

LFC does not want to receive confidential information from you through the Site. Please note that any information or material sent to LFC or posted to the Site will be deemed NOT to be confidential.

Privacy

LFC is committed to protecting your privacy and the privacy of your personal data which we may collect, use and otherwise process. For more information regarding our data privacy practices, including details on our compliance with the European Union’s General Data Protection Regulation, please see our Privacy Policy.

Information From Third Party Sites

By accessing and using the Site, you expressly authorize and direct us, on your behalf, to electronically retrieve information maintained by third party sites. We do not review third party data for accuracy, legality or non-infringement. We are not responsible for and cannot guarantee the accuracy or timeliness of the third-party data we retrieve on your behalf directly from third party technology or data provider. 

We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalized settings or other service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalized settings.

Digital Millennium Copyright Act

LFC respects the intellectual property of others, and we ask users of our Site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement

If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to LFC Designated Agent for notice of claims of copyright infringement. Our Designated Agent may be reached as follows:

Designated Agent
c/o Legal Department
LF Charities, Inc.
548 Market St
PMB 57274
San Francisco, California 94104-5401
Phone: (415) 723-9709
Email: legal@lfcharities.dev

Indemnity 

You hereby agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, members, stockholders, co-branders, and employees, consultant and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys’ fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of User Content you submit, post, transmit, store or otherwise make available through the Site, your infringement of any intellectual property rights, your use of the Site, your connection to the Site, your purchase of products or services through the Site, your violation of these Terms, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.

Disclaimer of Warranties and Liability 

YOUR USE OF THE PLATFORM AND ALL RELATED SERVICES, INCLUDING ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR PRODUCT IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU OR ERRORS OR OMISSIONS IN THE CONTENT, MODERATION, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE PLATFORM AND ALL RELATED SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

USE OF THE PLATFORM MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET, AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE EQUIPMENT, CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OF THE TELECOMMUNICATION SERVICES AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OR INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR AND MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE OR COMPLETE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE PLATFORM OR ANY SOFTWARE THAT WE PROVIDE OR THAT WE USE IN OFFERING THE PLATFORM WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability; Release

WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (E) ANY OTHER MATTER RELATING TO THE PLATFORM, MODERATION, OR ANY SERVICES OFFERED THROUGH THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT. IN THE EVENT YOU ARE USING A FREE, TRIAL, OR OTHER UNPAID VERSION OF THE PLATFORM, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100).

Exclusions and Limitations 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

Entire Agreement

These Terms constitutes the entire agreement between both of us and governs your use of the Site, superseding any prior agreements between both of us with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content, or third-party software. The foregoing does not apply to parties who are subject to separate Additional Terms.

Choice of Law and Forum

These Terms and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in Wilmington, Delaware. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.

Arbitration

Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings shall take place in Wilmington, Delaware. If there is a conflict between the rules of the AAA and any provision of these Terms, these Terms shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.

Waiver and Severability of Terms

We do not waive our rights by delaying or failing to exercise them at any time. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal governmental agency, the validity or enforceability of any other provision of these Terms shall not be affected, and the other provisions of the Terms remain in full force and effect.

No Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

No Right of Survivorship and Non-Transferability

Your right of access to the Site is non-transferable and any rights to information we store with respect to your usage terminates upon your death or dissolution.

Statute of Limitations

Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Modifications

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. We may also revise these Terms at any time, and therefore we suggest that you check these Terms from time to time. We may notify you of any changes by a Notice as provided above. If you do not agree to the changes after receiving notice of the changes to the Site, you may stop using the Site as provided above. Your continued access or use of the Site indicates your agreement to be bound by any such changes.

Notifications

We may at any time and from time to time provide certain communications to you such as service announcements, administrative messages and other notifications (“Notices”).

Notices will in general be sent by means of a general notice through the Site. By providing us with your email address, you consent to receive all required Notices regarding our Platform and other offerings electronically. All Notices in electronic format will be considered to be in writing, and to have been received no later than five (5) business days after or dissemination, whether or not you have received or retrieved the communication. Your consent to receive Notices electronically is valid until you end your relationship with us. We reserve the right to terminate or change the terms and conditions on which we provide electronic Notices and will provide you notice thereof in accordance with applicable law.

Any notice you desire to send to us must be sent exclusively by submitting an electronic message via email at legal@lfcharities.dev, unless explicitly instructed to do otherwise in these Terms.

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