In using Amicus Site and/or the App (each as defined below) you are deemed to have read and agreed to the terms and conditions of this Terms of Service Agreement (the "Terms"):
Welcome to AmicusHQ. Amicus FTW, Inc. ("Amicus", "We", or "Us") maintains this website (the "Amicus Site") as a service to clients who use your app (the "App"). "Client", "User", "You", and "Your" refers to you, the person accessing the Amicus Site and/or App and accepting these Terms. "Party" refers to each of Amicus and the User and "Parties" refers to Amicus and the User, collectively. As used in these Terms, "Service" refers to the Amicus Site and the App.
Amicus offers services to make it easy for our customers to make their volunteers better advocates and fundraisers for causes they believe in with our web-based App. To provide these services, we have created some ground rules for using our Service, as set forth in these Terms.. These Terms explains the terms and conditions by which you may use our Service. Please review our Terms carefully; these Terms constitute a binding agreement between Amicus and our Users concerning our Users use of and access our Service. Your use of our Service constitutes an agreement to be bound by our Terms.
We are constantly changing and updating our Service. Accordingly, we reserve the right to revisit and change these Terms at any time without prior notice by updating the link on the Amicus Site. The current displayed Terms will supercede any previous version of the terms. We encourage users to periodically check the Terms for updates. Users who do not agree to updated Terms are no longer permitted to use our Service.
Use of our Service requires Users to create a user account and establish a password to protect that account, and the User agrees to provide accurate and complete information as prompted by the login process and in good faith keep the User account and all registration information up-to-date throughout the period of active use. You understand that you are fully responsible for all actions taken through your Amicus account. User agrees to notify Amicus if you learn that your account and/or password has been compromised and/or if you observe any signs of unauthorized use of your account. You may never use another's user account without permission. Amicus and partnering organizations reserve the right to limit or cancel service, terminate accounts, or change content at any time.
Our Service is created and intended for users above the age of 13 in compliance with COPPA. Our Service is not intended for use by any children under the age of 13. Users who are 13 years of age or older may use our Service; provided, however that users who are under the age of 18 must do with the only with the prior consent of a parent or guardian who agrees to our Terms.
Clients may post links to third party sites on the App. Amicus is not responsible for the content of the links nor endorses the contents of the websites linked therein. User assumes all responsibility for User's use of third party sites. Refer to the client's terms of service that govern their relationship to the links they post.
Users must at all times use our Service solely in a responsible and legal manner in full compliance with these Terms and all applicable laws. In particular, but not limited to, Users must not: misrepresent their identity or organization affiliation; send email or postcards to individuals who do not desire to receive such mail; knowingly enter false information about third party individuals through our "find friends" feature; interfere with or disrupt service through the App for others; collect or store personal information including email addresses about others without their prior consent.
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Amicus in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Amicus.
The Amicus name and logos are trademarks and service marks of Amicus (collectively the "Amicus Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Amicus. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Amicus Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Amicus Trademarks will inure to our exclusive benefit.
Under no circumstances will Amicus be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Amicus does not pre-screen content, but that Amicus and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Amicus and its designees will have the right to remove any content that violates these Terms or is deemed by Amicus in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Amicus and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Amicus are non-confidential and Amicus will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to release, indemnify and hold Amicus and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
In addition, Amicus is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Amicus is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Amicus enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.]
AMICUS MAKES THE SERVICE AVAILABLE SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE.
THE SERVICES AND FEATURES OF OUR SERVICE MAY HAVE TYPOGRAPHICAL ERRORS OR INACCURACIES. AMICUS RESERVES THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY PART OF THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY.
TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, AMICUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL AMICUS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SERVICE, WITH THE DELAY OR INABILITY TO USE OUR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMICUS AND/OR ANY OF ITS SUPPLIERS, CLIENTS AND/OR CUSTOMERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
AMICUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE PROVIDED AND/OR PROMISED BY A THIRD PARTY THROUGH THE OUR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMICUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AMICUS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AMICUS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
These Terms are governed by the laws of the State of New York, without regard to the rules of the conflict of law that may cause the laws of another jurisdiction to apply. Any claim or dispute between you and Amicus that rises fully or in part from the App will be decided exclusively by a court of competent jurisdiction located in Kings County, New York, unless submitted to arbitration.
Unless otherwise specified, these terms and conditions constitute the full agreement between Amicus and the User and supersedes any prior agreement, whether written, oral, or electronic with respect to agreements concerning all access to and use of the Service. Except to the limited extent described herein, these Terms shall not be construed as creating or acknowledging a joint venture, partnership, or relationship between the parties.
Failure of Amicus to exercise or enforce these rights or any provisions of these Terms shall not be deemed a waiver of such right or provision.