Terms & Conditions of Use

Last updated: 07/10/2010

Note: You are entering into a legally binding Agreement with and Environmental Media Fund, Inc. (“doGoodr”).

Please read carefully the following terms of use. By clicking Sign Up, accessing, browsing, and/or using any webpage, widget or feature available through doGoodr, or accessing emails, newsletters, information, and/or otherwise using the doGoodr web site – http://doGoodr.org – and any other web sites, widgets, applications, networks, or services owned or operated by doGoodr (the "doGoodr Service"), you acknowledge that you have read, understand, and agree to be bound by the following terms, including any guidelines (as defined below), and any future modifications (collectively, the "Terms").

If you do not agree to these Terms, then please do not use the doGoodr service.

1.  Using the doGoodr Service.

Eligibility:  THE DOGOODR SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE DOGOODR SERVICE BY DOGOODR. BY USING THE DOGOODR SERVICE, YOU REPRESENT THAT YOU ARE (1) AT LEAST 18 YEARS OF AGE, (2) DO NOT HAVE MORE THAN ONE DOGOODR ACCOUNT AT ANY GIVEN TIME, (3) HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IN DOING SO DO NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY, AND (4) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE DOGOODR SERVICE.

Registration:  If you are using or opening an account on the doGoodr Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

Registration Information and Password:  You agree that the information you provide to doGoodr upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Permission to Use the doGoodr Service:  Subject to your compliance with all the terms and conditions herein, doGoodr grants you permission to use the doGoodr Service as set forth in these Terms.

Required Equipment:  You agree to provide all equipment and software required to connect with and access doGoodr, including but not limited to, computers, mobile devices, Internet access, modems, routers, and up to date and compatible Internet browsers.

2.  Site Content.

The doGoodr Service is merely a platform which allows users to connect with each other, to post personal information and needs and offers and to respond to the posts of others. Other than the graphic design and layout, and underlying technology which supports the doGoodr Service, all content available through the doGoodr Service is provided by and for the benefit of third parties. You understand that all postings, messages, text, images, video, audio, or other materials (collectively “Content”) posted on, transmitted through, or linked to and from the doGoodr Service are the sole responsibility of the person from whom such Content originated. Similarly, you are solely responsible for any Content that you post, send, or otherwise make available through or in connection with the doGoodr Service. You acknowledge that doGoodr does not moderate, filter, pre-screen, approve, endorse, or otherwise control Content, and that by using the doGoodr Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. doGoodr makes no warranty whatsoever regarding the completeness, legality, accuracy, sincerity, genuineness, or quality of any Content.

Content made available by users through the doGoodr Service does not reflect the views of doGoodr or its officers, directors, affiliates or agents.

3.  Privacy.

Your privacy is important to doGoodr. doGoodr’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to doGoodr’s collection, use, and disclosure of your personal information. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted policy.

4.  Prohibited Conduct.

By using the doGoodr service you promise not to do or attempt any of the following:

•    use the doGoodr service to advance, promote, support, or publicize particular political parties, agendas, or causes, or to engage in other activities that are in whole or in part political in nature, including without limitation carrying on propaganda, attempting to influence current or pending legislation, to campaign on behalf of or in opposition to an candidate for political office, or to raise funds for any of the foregoing;

•    use the doGoodr service to advance, proselytize, promote, support, or publicize particular religious or spiritual beliefs, agendas, or causes, or to engage in other activities that are in whole or in part religious or spiritual in nature, including without limitation carrying on propaganda, attempting to influence others to adopt a particular religious or spiritual belief system, or influence current or pending legislation about such beliefs, or to campaign on behalf of a particular religious or spiritual candidate for political office, or to raise funds for any of the foregoing;

•    engage in any activities, including but not limited to posting, publishing or transmitting any Content, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Site or Services for, as a part of, or in connection with any illegal purpose whatsoever;

•    post or transmit or otherwise provide Content you do not own or have the legal right to distribute, display and otherwise make available to others either directly or indirectly through the doGoodr Service, or by using the doGoodr Service to make arrangements to do so off line;

•    harass, threaten, deceive, misinform, mislead, “bait and switch,” or defraud others;

•    make unsolicited offers, advertisements, proposals, or send junk mail. “spam” mail, or post anything that constitutes “affiliate marketing,” “link referral service,” “chain letter,” “pyramid schemes,” or other similar activity;

•    post materials or solicitations such as personal needs or commercial business or services advertising that are inconsistent with the purpose of the doGoodr Service [to facilitate charitable and philanthropic endeavors, increase public participation in initiatives to do good, and maximize the public benefits for those most in need].

•    post any irrelevant Content, or repeatedly post the same or similar Content;

•    disrupt the normal functioning of the site in any way, including by posting excessive Content, up to and including a “flooding attack,” or otherwise impact others’ ability to utilize the doGoodr Service to its fullest potential;

•    make contact with anyone that has asked not to be contacted, make unsolicited contact with anyone for commercial purposes, “stalk” or otherwise harass anyone.

•    impersonate another person or access another user's account, or share doGoodr-issued passwords with any third party or encourage any other User to do so;

•    post personally identifying information about another person without their explicit consent;

•    circumvent any access or use restrictions, data encryption, or content protection related to the Services, including the robot exclusion protocol; or

•    misrepresent the source, identity, or substance of information transmitted via the doGoodr Service.

•    duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer or commercially exploit the doGoodr Service (excluding the Content posted by you) except as otherwise permitted under this Agreement.

•    attempt to reverse engineer, decompile, decipher or otherwise attempt to derive or use the source code for any of the underlying technology used to provide the doGoodr Service, except and only to the extent authorized by law.

•    imply or state that you are affiliated with or endorsed by doGoodr in any way unless you have entered into a written agreement with The doGoodr Fund, Inc.

•    adapt, modify, repurpose or otherwise create derivative works based on doGoodr or doGoodr’s Content, design, user interfaces, underlying technology, software, widgets, and/or applications.

•    sell, re-sell, trade, barter, lease or otherwise mis-use doGoodr Services in whole or in part.

•    use automated methods to access the doGoodr Service, or contact, solicit, send messages or otherwise interact with other doGoodr members.

•    engage in framing, mirroring, phishing or otherwise simulating the appearance, features and functionality of the doGoodr Service, either in whole or in part.

•    hack, deny, gain unauthorized access to, remove content from (other that your own), override or otherwise disrupt the doGoodr Service.

•    upload, display or otherwise use any brands, trademarks, logos or other identifying symbols, or any text, audio, graphics, or other works of authorship without the necessary permission or authorization.

5.  Individual Features and Services.

When using the doGoodr Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

6.  Special Considerations.

When you use the doGoodr Service to gather information or post needs or offers, please keep in mind that certain types of activities may involve greater risk than others, and that utilization of the services of third parties you do not know is an inherently unpredictable activity. We urge you to protect yourself by reviewing advisories available online and elsewhere regarding various forms of online fraud, phishing and other scams. Always use caution and common sense when using the doGoodr Service, especially when giving out any personally identifying or financial information, or engaging in any related transactions. You are also responsible for knowing and complying with all applicable laws and regulations.

doGoodr is not affiliated with any user of the doGoodr Service, and does not validate, monitor, review, endorse, or otherwise approve any user, content posted by any user, or any representation made by any user, including without limitation that user’s non-profit status or the tax-deductible status of any transactions with or donations made to such user. It is your sole responsibility to determine for yourself the tax implications of any donation or other transaction you make with any user.

While doGoodr may, from time to time, provide information through the doGoodr Service relevant to these topics or any other aspect of the doGoodr Service, such information is for your convenience only, and is not warranted to be current, complete, or accurate.

BY INFORMING YOU OF OR FACILITATING ANY ARRANGEMENTS INVOLVING ANY PARTICULAR ACTIVITIES, PROJECTS, SERVICES, OR PRODUCTS, WE DO NOT REPRESENT OR WARRANT THAT SUCH ACTIVITIES, PROJECTS, SERVICES, OR PRODUCTS ARE ADVISABLE OR WITHOUT RISK. INFORMING YOU OF ANY SPECIFIC RISKS ASSOCIATED WITH PARTICULAR ACTIVITIES, PROJECTS, SERVICES, OR PRODUCTS, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THOSE ACTIVITIES, PROJECTS, SERVICES, OR PRODUCTS.

YOU ACKNOWLEDGE AND AGREE THAT DOGOODR IS NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PROPERTY DAMAGE, THEFT, FRAUD, CIVIL OR CRIMINAL LIABILITY, PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY ARISE OUT OF ANY ACTIVITY, PROJECT, SERVICE, OR PRODUCT YOU BECOME AWARE OF THROUGH THE DOGOODR SERVICE. YOU WILL BE IN THE BEST POSITION TO EVALUATE THE RELATIVE SAFETY AND WISDOM OF YOUR ACTIONS, AND YOU MUST USE INDEPENDENT JUDGEMENT AND CAUTION WHEN CHOOSING WHETHER TO UTILIZE PARTICULAR PRODUCTS OR SERVICES OR PARTICIPATE IN PARTICULAR PROJECTS OR ACTIVITIES.

7.  Modification of the Terms and Fees.

Modification of the Terms:  doGoodr reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. If we modify the Terms, we will make them available through the doGoodr Service, and indicate the date of the latest revision. Please check these Terms and any Guidelines periodically for changes. Your continued use of the doGoodr Service after the posting of changes constitutes your binding acceptance of such changes except that (i) disputes between you and doGoodr will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by terminating your account (see Section 10, below) and ceasing use of the doGoodr Service.

For any material changes to these Terms, such amended terms will become effective upon the earlier of (i) your continued use of the doGoodr Service with knowledge of the modifications, and (ii) 30 days after we provide notice of the modifications.

Modification of Fees:  Certain products and services on the doGoodr Service may now or in the future have fees associated with them. Please see the terms associated with such products or services for more information. doGoodr reserves the right, in its sole discretion, to change pricing or the doGoodr Service (or to make all or any portion of the doGoodr Service available for free) on a going-forward basis without liability to you. Any renewals of paid services will be subject to the pricing in effect at the time of renewal. All new registrations are subject to our approval, and will not be effective until confirmed by doGoodr.

8.  Prohibited Uses.

Access to the doGoodr Service from territories where its contents are illegal is prohibited. Please note that the doGoodr Service is designed for customers in the United States. Those who choose to access the doGoodr Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.

As a condition of your use of the doGoodr Service, you will not use the doGoodr Service for any purpose that is unlawful or prohibited by these Terms. You may not use the doGoodr Service in any manner that we, in our sole discretion, determine could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the doGoodr Service. You may not attempt to gain unauthorized access to the doGoodr Service, other accounts, computer systems or networks connected to the doGoodr Service, or any part of them, or interfere or attempt to interfere with the proper working of the doGoodr Service or any activities conducted on the doGoodr Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the doGoodr Service.

The doGoodr Service may contain certain types of exclusion filters and files, such as our robots.txt file, which regulate certain uses of the doGoodr Service. You agree that you will not use, submit, or otherwise introduce any malicious code, spyware, virus, worm, monitoring software, robot, spider, crawler, scraper, or other automated means to access the doGoodr Service or the accounts or content of anyone else using the doGoodr Service for any purpose without our express written permission, or bypass our exclusion files or other measures we may use to prevent or restrict or regulate access to the doGoodr Service.

9.  Feedback.

If you provide doGoodr with any comments, bug reports, feedback, or modifications proposed or suggested by you to the doGoodr Service (“Feedback”), doGoodr shall have the worldwide, irrevocable, royalty free, fully paid up, unrestricted right and license to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the doGoodr Service and the right to assign, license or otherwise use the doGoodr Service. You hereby grant doGoodr a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

10. Termination.

Termination by doGoodr:  You agree that doGoodr, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with doGoodr or use of the doGoodr Service and remove and discard all or any part of your account or any Content submitted or uploaded by you, at any time. doGoodr may also in its sole discretion and at any time discontinue providing access to the doGoodr Service, or any part thereof, with or without notice. You agree that any termination of your access to the doGoodr Service or any account you may have or portion thereof may be affected without prior notice, and you agree that doGoodr will not be liable to you or any third–party for any such termination.

doGoodr does not permit copyright infringing activities on the doGoodr Service and reserves the right to terminate access to the doGoodr Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, illegal or otherwise inappropriate activity that may be grounds for termination of your use of the doGoodr Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies doGoodr may have at law or in equity.

Any user account that has been inactive for a period of three consecutive years will automatically be terminated.

Termination by You:  You may terminate your account, this Agreement and your right to use the doGoodr Service at any time and for any reason or no reason, by going to Close My Account or by contacting us on the Contact Us page of the doGoodr web site.

Fees Owed:  There are no “termination fees” charged for terminating your doGoodr account. However, upon any termination of your account, you will remain obligated to pay any and all outstanding fees and accrued charges relating to your use of the doGoodr Service, if any, before termination. Any fees paid prior to termination are non-refundable, whether the Agreement is terminated by doGoodr or by you.

11. Ownership; Proprietary Rights.

The doGoodr Service is owned and operated by The doGoodr Fund, Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the doGoodr Service provided by doGoodr ("Materials") are protected by United States copyright, patent, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content uploaded by you, all Materials contained on the doGoodr Service are the property of doGoodr or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to doGoodr or its affiliates and/or third party licensors. Except as expressly authorized by doGoodr, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

12. Your Use of Public Communication.

The doGoodr Service may enable you to share ideas, concepts, techniques, data, personal information, images, text and/or other content or information (“Content”) with other users or with doGoodr (for example, through online Email, “Share” widgets, linking, privacy settings, and Need and Offer Posts and submissions).

•    You agree not to use these features to upload, email, post, link, publish or otherwise transmit any Content or information that violates any restriction set forth under Section 4, “Prohibited Conduct.” We reserve the right, but have no obligation, to remove without notice any Content or information which we determine, in our sole discretion, does not comply with these requirements.

•    In order to operate the doGoodr web site and offer the doGoodr Services, we need certain rights from you. By uploading, emailing, posting, linking, publishing or otherwise transmitting Content to any other area of our Site, or by submitting any Content to doGoodr (“Submissions”) by any means, you automatically grant doGoodr a worldwide, royalty-free, non-exclusive, sublicensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit such Submissions in any form, medium, or technology now known or later developed, provided that such use shall be limited to use in connection with the doGoodr Service and subject to the restrictions stated in our Privacy Policy.

•    In addition, you warrant that you have sufficient rights in the Submissions to grant the license granted above, and that all so-called moral rights in the Submissions have been waived to the extent permissible under applicable law. If you remove Submissions, the license for such Submissions will terminate with respect to the doGoodr Service; provided that you acknowledge that doGoodr will not be obligated to terminate any sublicense rights previously granted. Similarly, if you terminate or suspend your account on the doGoodr Service, the license to your Submissions will terminate, provided that you acknowledge that doGoodr will not be obligated to terminate any sublicense rights previously granted.

13. Third–Party Sites, Products and Services; Links.

Other Users:  Your correspondence or dealings with, or participation in activities with, other users found on or through the doGoodr Service are solely between you and such user. While doGoodr strives to foster a supportive community which facilitates reputable and competent people helping each other, you acknowledge and agree that we are not responsible for the availability, quality, or performance of activities, skills, materials, products, goods or services promised by other users, and we do not endorse and are not responsible or liable for any Content, advertising, representations, opinions, advice, services, products, links to web sites, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications or other activities with site users, either through the doGoodr Service, elsewhere online, or offline. Understanding the tax implications of your interactions with third parties you may encounter on the doGoodr Service, including whether or not such a particular transaction or donation is tax deductible, is your sole responsibility.

YOU AGREE THAT DOGOODR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH USERS ON THE DOGOODR SERVICE.

Other Web Sites:  The doGoodr Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). doGoodr does not endorse any such Linked Sites or the content, information, activities, materials, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, doGoodr makes no express or implied warranties with regard to the content, information, activities, materials, products, or services that are contained on or accessible through linked sites.

ACCESS AND USE OF LINKED SITES, INCLUDING THE CONTENT, INFORMATION, ACTIVITIES, MATERIALS, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Advertisers:  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the doGoodr Service are solely between you and such advertiser.

YOU AGREE THAT DOGOODR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE DOGOODR SERVICE.

Third Party Developers:  The doGoodr Service works with and uses certain open source software, widgets, tools and applications that are developed by other third party developers and vendors, and certain elements of the doGoodr service may include distribution of open source software to you. By using certain doGoodr Services, you are agreeing to the terms of use of these third party applications and are bound by those terms. For a complete listing of such open source software components and copies of the licenses which govern their use, please contact us by email at support@dogoodr.org.

14. Notice.

Except as explicitly stated otherwise, legal notices will be served on doGoodr via United States mail at 38 Miller Avenue, #102, Mill Valley, CA 94941. Legal notices will be served on you via the email address you provide to doGoodr during the registration process, or by posting to the doGoodr Service. Notice will be deemed given 24 hours after being posted to doGoodr Service or sent via email (unless in the latter case, the we are notified that the email address is invalid). Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

15. Disagreements between Users.

You alone are responsible for your communications, interactions, agreements, representations, promises, or any other involvement with other Users. doGoodr reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release doGoodr (and doGoodr's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

16. Disclaimers; No Warranties.

THE DOGOODR SERVICE AND ANY LINKED OR DOWNLOADABLE SOFTWARE, TOOLS, WIDGETS, APIS, CONTENT, SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DOGOODR SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOGOODR, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.

DOGOODR, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE DOGOODR SERVICE AND ANY LINKED OR DOWNLOADABLE OR EXECUTABLE SOFTWARE, TOOLS, CONTENT, WIDGETS, APIS, SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DOGOODR SERVICE WILL BE COMPLETE, CORRECT, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DOGOODR SERVICE AND ANY DOWNLOADABLE OR EXECUTABLE SOFTWARE, TOOLS, CONTENT, WIDGETS, APIS SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DOGOODR SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, MALWARE OR OTHER HARMFUL COMPONENTS.

DOGOODR DOES NOT CONTROL, MODERATE, OR ENDORSE THE CONTENT, LINKS, MESSAGES OR INFORMATION FOUND IN USER-SUBMITTED PORTIONS OF THE SERVICES OR EXTERNAL LOCATIONS AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY WITH REGARD THERETO. YOU UNDERSTAND AND AGREE THAT YOU LINK TO, DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DOGOODR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE LINKING TO OR DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification.

You agree to indemnify doGoodr, its directors, officers, employees, contractors, assigns, affiliated companies, and its suppliers and partners from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the doGoodr Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. doGoodr reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

18. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DOGOODR OR ITS DIRECTORS, OFFICERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE DOGOODR SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE DOGOODR SERVICE, OR ANY OTHER INTERACTIONS WITH DOGOODR, EVEN IF DOGOODR OR A DOGOODR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DOGOODR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL DOGOODR OR ITS DIRECTORS, OFFICERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE DOGOODR SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE DOGOODR SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY ACTIVITIES, PROJECTS, PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN DOGOODR AND RECEIVED THROUGH, PROMOTED, OR ADVERTISED ON THE DOGOODR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE DOGOODR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Digital Millennium Copyright Act Compliance.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the doGoodr Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

•    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

•    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the doGoodr Service are covered by a single notification, a representative list of such works at the doGoodr Service;

•    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 doGoodr to locate the material;

•    Information reasonably sufficient to permit doGoodr to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

•    A statement that the complaining party has 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; and

•    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

doGoodr's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at doGoodr, 73 Surrey Avenue, Mill Valley, CA, 94941, or by email at copyright@dogoodr.org. For clarity, only DMCA notices should go to the doGoodr Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to doGoodr customer service through support@dogoodr.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

20. Export Control Laws:

Certain software, distributed by doGoodr, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Dept. of Commerce and sanctions programs maintained by the U.S. Treasury Dept.’s Office of Foreign Assets Control. By using doGoodr Services, you agree not to directly or indirectly sell, export, re-export, transfer, divert or otherwise dispose of any software or service to any end-user without obtaining any and all required authorizations from appropriate government authorities. You also agree that you are not prohibited by law from receiving U.S. origin products, services and/or software.

21. Applicable Laws and Dispute Resolution.

doGoodr Services are operated from our offices in California, and we make no representations that information and materials included in the Site or Services are appropriate or available for use in other locations. Access to the Site or Services from any territory where the content is illegal is prohibited.

If a dispute arises between you and doGoodr, you and doGoodr agree that we will resolve any claim that arises out of or relates to this Agreement or our Site or Services (a "Claim") solely in accordance with the provisions set forth below or as we and you otherwise agree in writing.

Law and Forum for Disputes:  This Agreement shall be governed in all respects by the laws of the State of California without reference to conflict of law provisions. You agree that any claim or dispute you may have against doGoodr shall be exclusively resolved by a court located in the County of Santa Clara, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the County of Santa Clara, California for the purpose of litigating all such claims or disputes.

Arbitration Option:  For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Claims:  YOU AND DOGOODR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE DOGOODR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Improperly Filed Claims:  All claims you bring against doGoodr must be resolved in accordance with this Section, and any claims filed or brought contrary to the Section shall be considered improperly filed. Should you file a claim contrary to this Section, doGoodr may recover reasonable attorneys' fees and costs up to $1000, provided that doGoodr has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

22. Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

23. Miscellaneous.

Severability:  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Assignment:  The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by doGoodr (including by operation of law, or in connection with merger or sale of some or all of doGoodr’s assets) without restriction.

Headings:  The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof, or to otherwise aid in their interpretation.

Entire Agreement:  This is the entire agreement between you and doGoodr relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by doGoodr as set forth in Section 5 above.

Disclosures:  The services hereunder are offered by doGoodr, located at: 38 Miller Avenue, #102, Mill Valley, CA 94941 and email at support@dogoodr.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Survival:  Survival.Sections 4, 7, 8, 9, 10, 11, and 14 through 23 will survive any termination of these Terms.