MPACT FOR MANKIND, INC.
TERMS OF USE

These Terms of Use set forth the terms and conditions that apply to your use of MPACT for Mankind, Inc.’s (“MPACT”) websites (the “Site” or “Sites”). By using the Sites you acknowledge and accept all the Terms of Use set forth herein. The right to use the Sites is personal to you and is not transferable to any other person or entity.

Changes to These Terms of Use

MPACT has the right at any time to change the terms of these Terms, or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice indicates your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.

Intellectual Property

Content on this Site, including art work, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, slogans, and any compilations of the foregoing is the property of MPACT or its licensees (“Site Content”), and are protected by United States and other copyright, trademark, or other laws.  You agree not to copy, distribute, transmit or modify the Site Content, whether in electronic or hard copy form, without the express prior written permission of MPACT.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact MPACT at info@mpact4mankind.com.

Posting User Content

From time to time on certain areas of our Site you may be able to submit certain materials (“User Content”).  By using these features, you agree that you will not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by MPACT; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of MPACT, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  MPACT may cancel your account and delete all User Content associated with your account at any time, and without notice, if MPACT deems that you have violated these Terms, the law, or for any other reason.  MPACT assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to MPACT a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other  media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein (“User Content License”). You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold MPACT, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to MPACT or this Site.

No Representations or Warranties; Limitations on Liability

MPACT makes no representations about the reliability of the features of this Site, the Site Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. MPACT makes no representations regarding the amount of time that any Site Content will be preserved.

The information and materials on the Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. MPACT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL MPACT BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE SITE; (2) THE USE OF OR INABILITY TO USE THE SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF MPACT ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SITE.

UNDER NO CIRCUMSTANCE WILL MPACT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MPACT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Online Donations

If you wish to make a donation to MPACT using the Site, you will be asked by MPACT or a third-party provider to supply certain information applicable to your donation, including, without limitation, credit card and other information. You understand that any such information will be treated by MPACT in the manner described in our Privacy Policy [insert link]. You agree that all information that you provide to MPACT or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism). By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing MPACT or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use.

Online Account

You will receive a password and account designation upon completing the site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify the MPACT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your MPACT account(s) and password(s); (3) promptly inform MPACT if you wish to deactivate a password(s).

Links to Third-Party Web Sites

We may provide hyperlinks to third-party web sites as a convenience to users of the Site. We do not control such third-party web sites and are not responsible for the content of their web sites. You understand and agree that we will have no liability to any entity for the content or use of the content available through such third-party links.

We use Stripe for payment, analytics, and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Indemnification

You agree to defend, indemnify, and hold harmless MPACT and its agents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against MPACT or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.

Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the internal laws of the State of Texas without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Dallas County, Texas. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

No Partnership

Both you and MPACT acknowledge and agree that no partnership is formed and neither of you nor MPACT has the power or the authority to obligate or bind the other.  These Terms constitute a binding agreement between you and MPACT, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and MPACT regarding the use of the Site.

No Waiver

The failure of MPACT to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of MPACT, shall not be deemed a breach of these Terms.  If MPACT fails to act with respect to your breach or anyone else’s breach on any occasion, MPACT is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Headings

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.  These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon are void where prohibited.

Binding Agreement

These Terms constitute a binding agreement between you and MPACT, and constitute the entire agreement governing your use of this Site.  By using the Site, you are deemed to have accepted these Terms, and to agree to adhere to the provisions herein.

Legal Contact Information

If you have any questions about these terms, please contact the MPACT at info@mpact4mankind.com.

Privacy

All information collected on this website is subject to our Privacy Policy.

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