Terms of Service

Eback Foundation Inc. Terms of Service Last Updated: November 15, 2024 Eback Foundation Inc.., a Florida non-profit corporation (“we”, “us”, or “our” ) is pleased to provide you with access to our “Services,” which means, collectively, (i) our proprietary platform (“Platform”), which operates to collect donations from donors (“Donors”) to be utilized by us in furtherance of our mission, including for the purpose of making contributions to certain non-profits and non-governmental organizations that we may from time to time select (collectively, “NGOs”), (ii) our website https://eback.org/ and its related domains and webpages, including any content, functionality, or information contained therein, and (iii) any email notifications, messages, or other mediums, or portions of such mediums, through which you have accessed these Terms of Service (these “Terms”). Additional terms and conditions may also apply to specific users (such as our Donors and NGOs), or certain portions or features of the Services (collectively, “Additional Terms”). Any Additional Terms made available to you are hereby incorporated by this reference into these Terms. Please read these Terms carefully. By using our Services, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions in these Terms, then you must not access or use our Services. These Terms together with any sign-up page accepted, agreed to, or executed by you, electronically or otherwise, collectively constitute the “Agreement”. We may revise and update these Terms from time to time in our sole discretion. The version of these Terms that you agree to will apply unless and until you have agreed to our revised Terms. DISCLAIMERS: We make no representations or warranties and have no obligation with respect to the use of any donated funds and we will contribute those funds in our sole discretion consistent with our mission and applicable Laws. We are not a facilitator or intermediary between Donors and the NGOs. We are not affiliated, associated, endorsed by, or in any way officially connected with any NGOs. We have no obligation to make donations to or contribute to NGOs and if we do, it will be based on our sole discretion, consistent with our mission and applicable Laws. We are a non-partisan organization in the United States and globally, and we will not operate or engage with any NGO that participates in politics or any political organization in their countries where they are active. If you are a Donor, you acknowledge and agree that: (i) while we may perform certain verification procedures in respect of NGOs, you can and should conduct your own due diligence in respect of NGOs on our Services, and we make no guaranty, warranty or endorsement of, regarding, or otherwise in respect of any NGO; (ii) while we will consider any NGO preference you indicate when making a donation to us, we may or may not contribute your donation to your preferred NGO and we reserve the right to contribute your donation in our sole discretion, consistent with our mission and applicable Laws; (iii) any donation you make on or through our Services is non-refundable; and (iv) we are not and will not be responsible or liable for any acts or omissions of any NGO. If you are an NGO, you acknowledge and agree that even if you become or are a registered NGO with us, any postings or listings of NGOs on our Services will be made in our sole discretion and, even if you are posted or listed on our Services, we do not guaranty or warrant that we will make any contributions to you, even if our Donors indicate a preference for such contribution. PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS. WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE SERVICES WILL REFLECT POORLY ON US, OUR SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION. Table of Contents: 1. Limitations of our Services and User Responsibilities 2. Eligibility to Use Our Services 3. Permitted Use of Our Services 4. User Content 5. Termination 6. Fees and Payment 7. Third-Party Materials 8. Ownership and Licenses 9. Privacy 10. Content Infringement 11. Consent to Electronic Communication 12. Linking to Our Services and Social Media Features 13. Disclaimers 14. Limitations on Liability; Mutual Waiver of Class Action Participation 15. Indemnification 16. Disputes: Arbitration Agreement, and Class Action Waiver 17. Miscellaneous 18. Contact Information 1. LIMITATIONS OF OUR SERVICES AND USER RESPONSIBILITIES. a. Limitations on Our Services. i. You acknowledge and agree that: (A) we are not a facilitator or intermediary of donations directly between Donors and NGOs, and instead, we operate to collect donations and use the donations in pursuit of our mission, as described on our Services and as may be updated from time to time; (B) subject only to the pursuit of our mission, we retain sole control over the use of funds donated by our Donors; (C) we make no guaranty or warranty regarding or otherwise in respect of any Donors or NGOs, including the number of NGOs or Donors on the Platform or with respect to certification, credibility, or any other qualifications, or the integrity, responsibility or actions of any NGO or Donor; and (D) we are not and will not be responsible or liable for any acts or omissions by any third parties, including any Donor or NGO. ii. Any screening or verification of a Donor or NGO and its, his or her information by us is limited and should not be taken as complete, accurate, up-to-date, or conclusive of the individual’s or entity’s suitability as a Donor or NGO. Without limiting the generality of the foregoing, while we may collect certain information from Donors and NGOs, if we indicate that certain information has been verified, it means that the Donor or NGO (as applicable) has complied with the process that we have established for verifying such information, and we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Donor or NGO (as applicable) that supplied it. iii. Any advice or content that may be posted on the Services is for informational purposes only and is not intended to replace or substitute any professional financial, accounting, tax, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified professional. PLEASE CAREFULLY REVIEW SECTION 13 AND SECTION 14 BELOW FOR IMPORTANT LIMITATIONS ON OUR LIABILITY TO WHICH YOU ARE AGREEING TO BY USING OUR SERVICES. b. Your Additional Responsibilities. i. Cooperation. You will cooperate with us in all respects, including provision of information and support as may be reasonably required for purposes of our performance under the Agreement. Without limiting the generality of the foregoing, you will ensure that you and your team responds to our requests for information, materials or cooperation reasonably required by us promptly and without undue delay. ii. Access Credentials. You may be issued a username, identification number, password, link, or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual's identity and authorization to access and use our Services (“Access Credentials”). You will ensure that you use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, has no ties to personal information, and no dictionary words) even if our Services permit simple Access Credentials. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including if, in our opinion, you or any of your authorized users (if applicable) has violated any provision of the Agreement. iii. Your Systems. You are responsible for: (A) obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use our Services, including modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “ Your Systems”); (B) maintaining the security of all of Your Systems; and (C) all uses of your account(s) or Your Systems. You acknowledge and agree that failure to obtain and maintain Your Systems and otherwise meet any applicable technical requirements of or relating to our Services may cause the Services to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures, or liabilities that arise as a result of your failure to comply with the requirements set forth in this Section. You acknowledge that use of our Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. iv. Your Materials. You will ensure (and represent, warrant and covenant) that Your Content (as defined below) and all other content or other materials provided by you to us pursuant to the Agreement (collectively, “Your Materials”) as well as your activities in connection with, use of or access to our Services are accurate, complete and do not and will not violate any applicable laws, rules, regulations or orders having the force of law (collectively, “Laws”) or infringe on a third party’s intellectual property or other rights. Without limiting the generality of the foregoing, if Your Materials include any personal information of individuals, you will ensure that your collection and submission to the Services of the same, and your and our use and storage of the same as contemplated by the Agreement does not violate any third party rights, and otherwise complies with Laws, including any Laws relating to the consent of or disclosure to consumers with respect to the collection, use or disclosure of such information as contemplated by the Agreement. If we receive information indicating or we otherwise reasonably believe that all or any portion of any Your Materials may violate Laws, any third-party rights or otherwise could reflect poorly on us or negatively impair our goodwill (in each case, in our sole and absolute discretion), we may so notify you and, if you fail to remove or modify the relevant portion of Your Materials from the Services within two business days, then we may delete the relevant portion of Your Materials from the Services. Under no circumstances will we be liable in any way for any: (a) of Your Materials transmitted or viewed while using the Services; (b) errors or omissions in Your Materials; or (c) loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any of Your Materials. 2. ELIGIBILITY TO USE OUR SERVICES. a. You have the Right to Enter into these Terms. As an individual interacting with the Services in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power, and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity. b. Consideration. You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Services. You represent and warrant that you have the capacity to be bound by these Terms. c. Age. Our Services are available only to individuals who are 18 years of age or older. If you do not meet this age requirement, you may not register to use the Services. d. OFAC/AML Requirements. By using our Services, you covenant, represent and warrant that neither you nor (if you are an entity) any of your directors, officers, employees or agents are a person, or a person who is directly or indirectly owned or controlled by any person (i) currently included on any list maintained by the U.S. Office of Foreign Assets Control (“OFAC”) or any other governmental authority imposing economic sanctions or trade embargoes, or (ii) whom or which we are otherwise prohibited from engaging or otherwise dealing with as the result of any sanctions imposed by OFAC or any other governmental authority. If at any time the foregoing representation ceases to be true, then you must immediately notify us and cease using our Services. 3. PERMITTED USE OF OUR SERVICES. a. Permitted Use. You and your authorized users (as applicable) will access and use the Services solely in accordance with the conditions and limitations set forth in the Agreement and any Services documentation (“Permitted Use”). b. Restrictions. You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any related software, documentation, or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on the Services or any Technology, in whole or in part; (iii) access or use the Services for timesharing or reselling purposes or otherwise for the benefit of a third party (other than expressly authorized by the Permitted Use); (iv) upload to or otherwise use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses; (vi) interfere with or disrupt the integrity or performance of the Services or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to the Services, the Technology or any of their related systems or networks, or access or use the Services other than by an authorized user through the use of his or her own then valid Access Credentials; (viii) permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit; (ix) frame or mirror the Services (including any Technology) in whole or in part; (x) access the Services or the Technology (in whole or in part) in order to build a competitive product or service; (xi) remove any proprietary notices or labels of or from the Services or the Technology; (xii) access or use the Services in any way that violates the Agreement, any third-party rights, or any Laws, including anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use the Services (in whole or in part), or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libelous, harassing, objectionable or offensive (whether racially, sexually or otherwise); (xiv) provide false or inaccurate information when registering or signing up with us, using the Services, or communicating with other users; (xv) attempt to re-register with us if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account; or (xvi) access or use the Services for any illegal or unethical purpose or to violate or misappropriate any third party rights, including any intellectual property rights or privacy rights. c. Certain Acknowledgements. You acknowledge and agree that: (i) the Services (in whole or in part) may have defects or deficiencies that may not be corrected by us and are subject to change at our sole discretion; (ii) using the Services do not create a joint venture, or any other relationship between us (or our parent or any of our affiliates) and you; and (iii) the Services will not include any customization of any feature, functionality, product, tools or other materials available on or via the Services. d. No Data Backup. Our Services (and the Platform in particular, if applicable) does not and is not intended to replace the need for you to maintain regular data backups or redundant data archives. WE HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF ANY OF YOUR MATERIALS (INCLUDING ANY RECORDS) INPUT INTO, MAINTAINED BY OR OTHERWISE AVAILABLE ON OR VIA THE SERVICES. 4. USER CONTENT. a. Your Content. “Your Content” includes any and all content, materials or data provided by you or your authorized users (as applicable) to us or via the Services, including the Platform. You alone are responsible for Your Content, and once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your Content on or through our Services, you represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms and our Privacy Policy and that Your Content complies with these Terms. You may not imply that Your Content is in any way sponsored or endorsed by us. b. Your Content May Expose You to Liability. You acknowledge that Your Content may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Laws. c. We Do Not Endorse User Content. We are not involved in the preparation or actual transmission of Your Content, or any other similar content submitted by users on or through the Services, including information, content, and materials of or about NGOs on our Services (collectively, “User Content”). As a result, we do not approve or endorse User Content, and you acknowledge and agree that we: (i) have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Content posted by you or any other person or entity; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Content. User Content posted by other users may be inaccurate. Additionally, you may find User Content posted by other users to be offensive, harmful, indecent, or deceptive. Please use caution and common sense, and do not rely solely on User Content. Although we do not regularly review User Content, we may, in our sole discretion and at any time, remove or edit any User Content. You acknowledge and understand that we are under no obligation to enforce these Terms on your behalf against another user. Opinions, advice, statements, offers, or other information included in any User Content, but not directly by us, are those of their respective authors, who/which are solely responsible for such User Content. d. Use of Your Materials. We may use Your Materials as set forth in our Privacy Policy. We have no obligation to retain or provide you with copies of Your Materials, nor do we guarantee any confidentiality with respect to Your Materials. Accordingly, once you submit Your Materials to us, you thereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable license and right to use Your Materials as set forth in our Privacy Policy. 5. TERMINATION. We reserve the right, in our sole discretion, to immediately terminate your access to all or part of the Services, to remove Your Content or any content posted by or about you from the Services, or to terminate your account with us, with or without notice for any reason or no reason in our sole discretion, including if we determine that you are not eligible to use the Services, have violated the Agreement, are not suitable for participation as a registered user, or have mis-used or mis-appropriated any content, including use on a “mirrored”, competitive, or third-party site. Upon termination, we will be under no obligation to provide you with a copy of any content posted by or about you on the Services. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. 6. FEES AND PAYMENT. You may be required to purchase or pay a fee to access or use some of our Services, including, if you are a Donor to make a donation. Prices, charges, and fees for our Services are subject to change in our sole discretion without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Services. All payments made on or through the Services are non-refundable. We reserve the right to limit our Services to any type of person, geographic region, or jurisdiction. You agree to always provide us with current, complete, and accurate information, including when making or receiving any donations via our Services. You agree to promptly update your account and other information, including your email address and payment method, so that we can complete your transactions and contact you as needed. You represent and warrant that you have the legal right to use any payment method(s) in connection with your account or donation. We may employ the use of third-party services for the purpose of accepting donations and the completion of donations. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to correct any errors or mistakes in charges or pricing, even if we have already requested or received payment. We also reserve the right to refuse any donation placed through the Services for any reason in our sole discretion. 7. THIRD-PARTY MATERIALS. a. Third-Party Services. You acknowledge and agree that: (i) one or more of the functionalities or services available on or via the Services may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of the Services rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of any Services caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you and all your authorized users (as applicable) comply with, all Third-Party Requirements; and (v) we may at any time terminate or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider, provided that we will endeavor to provide you with advance written notice of any such termination or discontinuation if possible. b. Links to Third-Party Sites or Content. Links from the Services to external sites or inclusion of advertisements and other third party content on the Services, do not constitute an endorsement by us of such sites or the content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for our users’ reference and convenience. We do not control third-party sites or content, and as a result are not and will not be responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or our Privacy Policy. We expressly disclaim any liability derived from the use or viewing of such links or content that may appear on the Services, and you hereby agree to hold us harmless from any liability that may result from the use of such links or content. 8. OWNERSHIP AND LICENSES. a. Ownership. You will own all right, title and interest in and to Your Content. We or our licensors will own and retain all right, title and interest in and to the following (collectively, “Our Property”): (i) the Services, including the Platform, the Technology, and all improvements, enhancements or modifications to any of the foregoing; (ii) any work product, including any software, applications, inventions or other technology or intellectual property developed, authored, or reduced to practice in connection with the Services; (iii) the “Eback Foundation Inc.” name, brand, marks and other similar intellectual property; (iv) any suggestion, enhancement request, recommendation, correction or other feedback provided by you or your authorized users (as applicable) relating to the subject matter of the Agreement (collectively, “Feedback”); (v) any and all performance data, test or evaluation results, or other metrics derived from the Services, including the Platform and Aggregated Data (as defined below); and (vi) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. During and after the term of the Agreement, each of you and we will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish, maintain, protect and enforce our or your exclusive ownership of the property identified in this Section. b. Use of Data. Notwithstanding anything to the contrary, and to the extent not prohibited by Law, we will have the right to collect and analyze Your Content and other information relating to the provision, use and performance of various aspects of the Services (including the Platform and Technology, and including Your Content and data derived therefrom), and will be free (during and after the term of the Agreement) to: (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services, including the Platform, the Technology or our other product or service offerings; and (ii) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity, or the identity of any of your individual authorized users, as applicable (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein. c. Feedback. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property. d. License. If you are an NGO, you grant us a worldwide, royalty-free, license to use, publish and display your name, trade name, brand, service mark, image, and logo in connection with our marketing efforts of our Services. 9. PRIVACY. We use the information you provide on or via the Services as set forth in our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by reference. 10. CONTENT INFRINGEMENT. a. Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable Law. i. Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), your written notice (the "DMCA Notice") must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. ii. Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following: • Your physical or electronic signature. • An 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 disabled. • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. iii. Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is: Attn: Copyright Manager Email: support@eback.org 11. CONSENT TO ELECTRONIC COMMUNICATION. By using the Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or the Services, via the Platform or e-mail. If you are a registered user, you also agree to check your account for alerts and messages, and the e-mail account reflected on your account on a reasonably regular basis to stay apprised of important notices and information about your account with us. 12. LINKING TO OUR SERVICES AND SOCIAL MEDIA FEATURES. a. You may link to certain portions of our Services (such as 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, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. b. Our Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on our Services; send e-mails or other communications with certain content, or links to certain content available on our Services; or cause limited portions of content available on our Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) use our Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website; or (iii) otherwise take any action with respect to the materials available on our Services that is inconsistent with any other provision of these Terms. c. Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission at any time without notice in our discretion. We may disable all or any social media features and any links at any time without notice in our discretion. 13. DISCLAIMERS. THE SERVICES (INCLUDING THE TECHNOLOGY AND ALL CONTENT INCLUDED THEREON, INCLUDING USER CONTENT) ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. Without limiting the generality of the foregoing: a. You acknowledge that all or a portion of the Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control. We will use commercially reasonable efforts to provide notice of any scheduled service disruption and to reinstate the affected Services. HOWEVER, WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY THAT THE SERVICES (IN WHOLE OR IN PART) WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS OR NEEDS OR ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. b. WE DO NOT: (i) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT AVAILABLE ON, THROUGH OR AS A RESULT OF THE SERVICES AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR STATEMENT PROVIDED BY ANY PARTY OTHER THAN US. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR THE CONTENT THEREON (INCLUDING ANY USER CONTENT), WILL CREATE ANY WARRANTY REGARDING US OR ANY OF THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THE CONTENT THEREON (INCLUDING ALL USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES), AT YOUR OWN DISCRETION AND SOLE RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES OR ANY CONTENT, YOUR DEALINGS WITH ANY THIRD-PARTY, AND YOUR CONSUMPTION OR OTHER USE OF ANY CONTENT (INCLUDING ALL USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES). YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON, PROPERTY, OR DATA OR THE LOSS THEREOF THAT MAY RESULT FROM THE USE OF THE SERVICES OR THE USE OF ANY CONTENT (INCLUDING USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES). c. ANY INFORMATION OR CONTENT ON OUR SERVICES IS FOR YOUR INFORMATIONAL PURPOSES ONLY. ANY INFORMATION OR CONTENT WITH RESPECT TO ANY THIRD PARTY (INCLUDING ANY NGO) ON OUR SERVICES WAS PROVIDED TO US BY THE APPLICABLE THIRD PARTY AND WE ARE THEREFORE NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION OR CONTENT ON OUR SERVICES WITH RESPECT TO ANY THIRD PARTY (INCLUDING ANY NGO), OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION OR CONTENT ON OUR SERVICES OR THROUGH ANY LINKS ON OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DONORS OR NGOS AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING DONORS AND NGOS. YOUR USE OF AND ACCESS TO THE SERVICES (INCLUDING ANY CONTENT) IS AT YOUR SOLE AND EXCLUSIVE RISK, AND YOU CAN AND SHOULD CONDUCT YOUR OWN DUE DILIGENCE THAT YOU DEEM NECESSARY OR APPROPRIATE BEFORE DOING SO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNETHICAL, WRONGFUL, FRAUDULENT, OR CRIMINAL ACTS OR ACTIVITY BY ANY THIRD-PARTY, INCLUDING DONORS, NGOS, OR OTHERS ASSOCIATED WITH ANY OF THEM AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY NGOS USE OF DONATED FUNDS. d. ALL THIRD-PARTY SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS" AND SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICES IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER. 14. LIMITATIONS ON LIABILITY; MUTUAL WAIVER OF CLASS ACTION PARTICIPATION. a. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE PLATFORM; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. b. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF NGOS OR DONORS. c. IN NO EVENT WILL OUR AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THE AGREEMENT DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. d. Neither we nor you may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to the Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. WE AND YOU ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION. 15. INDEMNIFICATION. You will indemnify, defend and hold us harmless from and against any and all claims, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees and the costs of enforcing this provision and of pursuing any insurance providers) arising from or relating to: (i) any of Your Materials, including any use, disclosure or storage of the same by us or on our behalf in accordance with the Agreement; (ii) our compliance with any specifications or directions provided by you or on your behalf; (iii) your failure to comply with any applicable Laws, or any of your other obligations, covenants, representations and warranties set forth in the Agreement; or (iv) your access or use of the Services, in whole or in part. 16. DISPUTES: ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. a. Agreement to Binding Arbitration Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at support@eback.org. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us or the Services on an individual basis in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and a third-party agent of us) will be resolved through binding and final arbitration and not in a court. This includes (i) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof; or (ii) your access to or use of our Services, including the Platform, at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Palm Beach County, Florida and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement. You and we agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available r esolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms as a court would. b. No Class Action You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. c. Rules and Governing Law The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions. d. Arbitration Process You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and us, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website, or you may contact the AAA at 800-778-7879. Unless you and we agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes. e. Arbitrator’s Decision The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision suffic ient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. f. Fees Payment of all filing, administration and Arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator. 17. MISCELLANEOUS. You may not assign the Agreement without our prior written consent. No delay or omission by us to exercise any right or power under the Agreement will impair any such right or power or be construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions, or agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in which the same provision may apply. The headings contained in the Agreement are for convenience of reference only, are not to be considered a part of the Agreement and will not limit or otherwise affect in any way its meaning or interpretation. The Agreement is for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of the Agreement. If any provision of the Agreement is found by any court, arbitrator, or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement, which will remain in full force and effect. The Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties, whether orally or in writing. For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive. To the extent allowed by applicable law, the English language version of these Terms (including any Additional Terms) is binding and their translations in other languages are for convenience only; in the event of conflicts or discrepancies between the English version of these Terms and their translations, the English version shall govern and control. 18. CONTACT INFORMATION. Our Services (including our fundraising efforts) are operated and carried out in the State of Florida, United States only. If you have any questions or need further information as to the Services, please contact us via email at:support@eback.org.