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Terms & Conditions

These Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink), establish the terms and conditions under which you are allowed to use the Site and the Services.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES. 

1. General terms and conditions

1.1 Account

To use the Services, you must sign up for an account. When you sign up for an account a legal agreement between you and Good Work Hub (the Agreement) is formed, and the Subscription Term will begin. The Subscription Term will continue for as long as you have a Good Work Hub account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. We reserve the right to refuse service, close accounts, and change eligibility at any time. We may, in our sole discretion, limit or cancel accounts. These restrictions may include accounts that use the same billing and/or shipping address. If we make a change to or cancel an account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your account was created.

1.2 Qualifications

You represent and warrant that you meet the following qualifications: (1) if you are an individual person, you are at least the age of majority in your state or province of residence, or (2) if you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. You represent and warrant that you are not listed on any U.S. government list of prohibited or restricted persons.

1.3 Registration

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the account registration form and elsewhere, and you agree to update such information if it changes.

1.4 Account Access

You may access and use the Service and access your Good Work Hub account (the Account) in accordance with these Terms. We may, in our discretion, permit you to authorize additional users to access and use your Account for your benefit. You, and any such additional users, are referred to as Authorized Users. You will be responsible for each Authorized Users use of your Account, and each Authorized Users compliance with this Agreement.

1.5 Usernames and Passwords

You will require that all Authorized Users keep user ID and password information strictly confidential and not share such information with any unauthorized person. Good Work Hub will not have any liability under this Agreement for actions taken using your Authorized Users IDs and passwords, including any unauthorized use or access caused by misuse or misappropriation of such user IDs and passwords. You will be responsible for restricting access by any Authorized User who is no longer authorized to access the Services. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. Usernames are unique and can only be used once. If your Account is terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

1.6 Communication with You

We reserve the right to send messages to you to (a) inform you of changes or additions to the Site, the Products, this Agreement or the Fee Schedule (defined below), (b) to inform you of violations of this Agreement or actions relating to your privilege to access and use the Site or the Products, (c) to inform you of any other matter related to the Site, the Products or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us. You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Authorized Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we.do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved or even if retained and retrievable will be made available to you. By entering into this agreement, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, pre recorded message or a combination of the foregoing) to discuss the products and you consent to such contact. Further, you consent to receive such phone calls at the telephone number you entered on the site. You do not need to agree to this provision in order to use the Site or the Services and if you would like us not to contact you by telephone, please send an email to support @ GoodWorkHub.com.

2. Use of the Services. Prohibited Uses

2.1 Your Use of the Services, Service Limits

The Services are intended to be utilized for charitable use. You will not (and will not permit any third party to): (a) sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Services to a third party (except as expressly set forth in this agreement) or in a service bureau or outsourcing offering.

You agree that we may establish general practices and limits concerning use of the Services, including the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Services. We reserve the right to modify, revise, suspend or discontinue any part of the Service, in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Service in any manner. If we discontinue any function of the Service in its entirety that you are using, we will provide you with advance notice and an opportunity to cancel your Account.

2.2 Prohibition on Spam; Permission Practices

You agree that you will not use the Services to send unsolicited email messages (sometimes called “spam”). You are responsible for ensuring that your use of the Services do not generate a number of spam or other complaints in excess of industry norms. We may terminate or suspend your Account or suspend if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Services or file a spam report against you.

You agree to import, access or otherwise use only contact lists in connection with the Services for which all listed parties have consented to receive correspondence from you. You agree not to send messages through the Services to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email messages or campaigns from entering, utilizing or remaining within our network.

2.3 Prohibited Uses and Content

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to offer content, Services or services related to loans, credit and/or debt management, adult entertainment, pharmaceutical Services, multi-level marketing, affiliate marketing, money and lead generating opportunities, gambling, lottery, sweepstakes, real estate, cryptocurrencies, or medical or nutritional supplements; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2.4 Limitations

You understand that not all messages or campaigns sent through use of the Services will be received by or will be capable of being viewed by their intended recipients or will be viewable by your recipients in the same way they appear in our Service environment. You further understand that delivery of messages by means of Service may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

2.5 Monitoring and Removal
Although we have no obligation to monitor the content provided by you or your use of the Services, we may do so and may block any messages or campaigns, remove any content, including websites, surveys, event registrations, and social campaigns, or prohibit any use of Services that we believe may be in violation of any provision of this Agreement. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.

2.6 Suspicion of Unauthorized or Illegal Use

We may refuse, condition, or suspend any transactions that we believe: (i) may violate this Agreement or other agreements you may have with Good Work Hub; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, Good Work Hub, or others to risks unacceptable to Good Work Hub. If we suspect or know that you are using or have used the Checkout Platform for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with Stripe, and with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Good Work Hub Account, your customers, and transactions made through your use of the Checkout Platform.

2.7 Termination

You or Good Work Hub may terminate the Agreement at any time and for any reason by terminating your Good Work Hub Account, or giving notice to the other party. Once your Account is terminated, (i) we will cease providing you with the Services, and you will no longer be able to access your Account. and (ii) you acknowledge and agree that we may permanently delete your Account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

We may, in our sole discretion, whether to comply with applicable law or regulation or otherwise, terminate your Account or your access to or use of the Services, disable your Account and/or delete or confiscate all or a portion of your contacts, files, and content, in each case at any time, with or without cause, with or without notice and without refund. We shall have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amounts if we terminate you without cause. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Upon request within 30 days of your termination, we will provide the list of unsubscribe requests from your Good Work Hub account to you. Under the CAN-SPAM Act, Canada’s Anti-Spam Legislation and the GDPR, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Good Work Hub Account and this Agreement.

3. Proprietary rights; Restrictions

3.1 Good Work Hub Content; Licensed Images; Authorized Use

a) Good Work Hub Content

Except for your contact lists and content, all content made available through the Services, including any images made available through any email or tools provided by Good Work Hub (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, the “Good Work Hub Content”), are the property of Good Work Hub or its licensors. No Good Work Hub Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Good Work Hub Content.

b) Authorized Use

Any use of the Good Work Hub Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Good Work Hub Content granted herein. All rights of Good Work Hub or its licensors that are not expressly granted in this Agreement are reserved to Good Work Hub and its licensors.

3.2 No Rights in Service or Software

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. This is an Agreement for Services and access to the Good Work Hub Site, and except as expressly set forth herein, you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights in the Service or any software, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services, or any software, documentation, or data related to Services (“Software”); remove any proprietary notices or labels from the Site or any Software; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

3.3 Your Information and Content

a) Your Information

In using the Services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to us and we may collect information about your use of the Services. We may use this information in accordance with our relevant policies and notices, if any, provided at the point of information collection or use.

b) Your Content and Contacts

We acknowledge your ownership rights in such contact lists. We will never sell or rent your contact lists to anyone. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of your contacts and content. You represent and warrant that you own or have secured all rights and interest in and to your contacts and content required for us to use your contacts and content as contemplated by this Agreement.

c) Submissions

If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Service, or website, or otherwise (“Submissions”), you agree such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.

d) Backup

You are responsible for making frequent backup copies of your contacts and content.

4. Compliance with laws

The Site and the Services shall only be used for lawful purposes and you shall use the Site and Services only in compliance with this Agreement and all other applicable U.S., state, local and international laws in your jurisdiction, including, as applicable:
the CAN-SPAM Act;

Canada’s Anti-Spam Legislation;

California Consumer Privacy Act (“CCPA”);

The European Union’s General Data Protection Regulation 2016/679 (“GDPR”);
any policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws;

Laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your Services or services;

Laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective Services or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards;

Laws that govern lotteries, sweepstakes, contests and promotions; and
laws that govern the collection of donations and charitable giving.

You further agree to refrain from unethical, false or misleading advertising, promotions or sales efforts and practices in connection with your use of our Site or Services. You may not use our Site or Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

You are responsible for determining whether our Site or Services are suitable for you to use in light of any regulations, such as the Health Insurance Portability and Accountability Act (“HIPAA”), the Gramm-Leach-Bliley Act (“GLBA”), European data privacy laws, or other laws. If you are subject to a particular regulation and you use our Site or Services, then we will not be liable if our Site or Services do not meet those requirements.

5. Additional restriction on use of the services

You agree to comply with the following in connection with your use of the Site and the Services:

You may not access or use the Site or the Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Services that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction access to, or distribution of the Site or the Services).

You shall not use the Site, the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party (except as expressly permitted by our partner programs).

You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Services for any unauthorized purpose.

You may not use the Site or the Services in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Services, including Good Work Hub’s servers, computer network, or user accounts.

You may not use the Site or the Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Services.

You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Services for public or commercial purposes without our express written permission.

You shall not interfere with or disrupt the Site or any related Good Work Hub websites or servers or networks connected to the Site or the Services.

You shall not restrict or inhibit any other user from enjoying and using the Site or the Services.

You shall not use the Site or the Services in violation of applicable law or third party rights.(including third party terms of service), and shall not use the Site or the Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.

You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our Fee Schedule or other billing procedure
You shall not set up multiple accounts for any individual or organization in order to send. substantially similar content unless you are part of a franchise.

You may only use features or functionality of the Services with the Services themselves (for example, you may not take.an image or template and use it on materials you create without using the Services). This restriction also applies to customized templates prepared by our professional services group.

You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Services. If you own the document or image, you can use it outside of the Services provided it is not hosted by us.

You shall not include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Site or the Services that encourage a recipient to forward the message to another recipient, other than as expressly encouraged and permitted within the applicable Product.

6. Contracts’ and customers’ privacy

6.1 Privacy Notice

You shall adopt and comply with your own “privacy notice.” Your privacy notice will be posted so that your contacts and customers have notice of your data collection and use practices, including your practices with respect to contact and other data that you obtain from us, and will otherwise comply with applicable law. We have provided you with information regarding our use of contact and customer data in the Privacy Policy, which may be modified by us from time to time. Your privacy notice will include substantially similar disclosure (and update such disclosure from time to time) so that your contacts and customers are aware of how their data is used by you and us.

6.2 Sensitive Information

You will not import or incorporate into any contact lists or other content you upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.

6.7 Warranty disclaimer; Remedies; Release.

YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE SERVICES AND ANY RELIANCE BY YOU UPON THE SITE OR THE SERVICES, INCLUDING ANY.ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.

IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE.RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED.FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF.THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICES.

TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING.THE SITE OR THE SERVICES, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR.RESPECTIVE CONTACTS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER.JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).

7. Limitations of liability

UNDER NO.CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Good Work Hub, OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES.OF THIS SECTION AS “Good Work Hub”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Good Work Hub HAS BEEN INFORMED OF THE.POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF Good Work HubTO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF.INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY.TO YOU.

8. Indemnification
In addition to your obligations under the (Indemnification) Section, you expressly agree to indemnify and hold harmless Good Work Hub from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to your failure to properly describe or deliver goods or services, or to comply with your legal or contractual obligations to your customers. You also agree to defend, indemnify, and hold harmless Good Work Hub from and against any claim, suit, demand, loss, liability, damage, action, or proceeding arising out of or relating to (i) activity on your Connected Account, whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, or use of the Checkout Platform in a manner that is illegal or inconsistent with this Agreement or any applicable Stripe agreement or terms of services; and (ii) any inaccurate or incomplete information provided to Good Work Hub as part of the onboarding of the Connected Account.

9. Thirty party tools and services

The tools and services described in this section are referred to as Third Party Services.

9.1 Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

9.2 Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. State and International specific use use prohibited by law and Export law

10.1 California-specific terms.

The California-Specific Terms specified in the Privacy Policy will apply if you are under the CCPA and you share with us Personal Information (as that term is defined under the CCPA) about California residents which would otherwise constitute a Sale (as that term is defined under the CCPA).

10.2 International use; prohibited by law

In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and the Site or the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site or the Services are controlled and operated by us from the United States (although we may share data with third parties around the world to assist us in providing the Site or the Services) and we make no representation that the Site or the Services are appropriate or available for use in other locations. Those who access the Site or the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (once in effect) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your contacts’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) of such personal data. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process personal data and send communications to that individual on your behalf.

10.3 Export controls

The Software that supports and facilitates the Service is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you will not, directly or indirectly through a third party, allow the Software for your Account to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as described in any Export Control Laws.

10.4 General provisions

11 Entire Agreement

We and you agree that this Agreement (these Terms, together with the additional terms and conditions and policies referenced herein and/or available by hyperlink, which are incorporated herein by this reference) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

11.2 Modifications

We may change any of the Terms by posting revised Terms on our Good Work Hub Site. Unless you terminate your Account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Services.

11.3 Assignment

You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
11.4 Severability

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be contrary to law, the provision shall be changed by the court or by the arbitrator and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect, unless the modification or severance of any provision has a material adverse effect on a party, in which case such party may terminate this Agreement by notice to the other party.

11.5 Governing Law

This Agreement shall be governed by the laws of the United States and the State of Delaware,, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Each party hereby consents to the jurisdiction of such courts.

11.6 Arbitration

You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement, whether in contract, tort, fraud, misrepresentation or any other legal theory. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in San Francisco, California.

(a) ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, SUBSCRIBERS OR USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

(b) Only a court, and not an arbitrator, shall determine the validity and effect of the class action waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.

(c) Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

(d) No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against us in violation of this paragraph, you agree to pay our reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

(e) The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

11.7 Attorneys Fees

If any action or proceeding is commenced to enforce this Agreement or any right arising in connection with this Agreement, the prevailing party in such action or proceeding will be entitled to recover from the other party the reasonable attorneys fees, costs and expenses incurred by such prevailing party in connection with such action or proceeding.

11.8 Force Majeure Event

If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers, epidemic or other public health event (a Force Majeure Event) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence. If any Force Majeure Event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

11.9 No Agency

The parties are independent contractors to one another. Nothing in this Agreement or otherwise shall create an employer-employee, agency, joint venture or partnership relationship. No employee, agent, consultant or assistant of either party shall be considered an agent of the other party.

11.10 Third Party Beneficiaries

Good Work Hub’s affiliates, underlying service providers, business partners, third-party suppliers and providers, account providers, licensors, officers, directors, employees, distributors and agents are expressly made third party beneficiaries of this Agreement. Except as set forth in the immediately preceding sentence, nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

11.11 Additional information

If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at support @ GoodWorkHub.com

Appendix I

Good Work Hub

Prohibited:

You must not use Good Work Hub for the following activities.

Illegal products and services

Illegal drugs, substances designed to mimic illegal drugs

Equipment designed for making or using drugs

Fake references or ID-providing services

Telecommunications manipulation equipment including jamming devices

Any organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

Any other products or services that are in violation of law in the jurisdictions where your organization is located or targeted to

Products and services that infringe intellectual property rights

Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization

Counterfeit goods; illegally imported or exported products

Unauthorized sale of brand name or designer products or services

Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party

Products and services that are unfair, predatory, or deceptive

Pyramid schemes

“Get rich quick” schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; organizations that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase

No value added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value
Sales of online traffic or engagement

Negative response marketing and telemarketing

Predatory mortgage consulting, lending, credit repair and counseling services

Predatory investment opportunities with no or low money down

Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales

Adult content and services

Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts

Adult services including prostitution, escorts, pay-per view, sexual and intimate massages, and adult live chat features

Adult video stores

Gentleman’s clubs, topless bars, and strip clubs

Firms soley collecting funds for deceptive/unlawful purposes 

Firearms, explosives and dangerous materials

Guns, gunpowders, ammunitions, weapons, fireworks and other explosives

Peptides, research chemicals, and other toxic, flammable and radioactive materials

Gambling, Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with for a monetary or material prize

Sports forecasting or odds making with a monetary or material prize

Lotteries

Bidding fee auctions

Financial products and services

Investment and brokerage services

Lending services

Buy Now Pay Later services

Debt collection agencies


Online pharmacies, Prescription-only products including card-not-present pharmaceuticals

Tobacco

Tobacco products including e-cigarettes and e-liquid

Credit card and identity theft protection services

Travel reservation services and clubs

Timeshare services

Prepaid phone cards, sim cards, and phone services

Sale of stored value or credits maintained, accepted and issued by anyone other than the seller

Sale of in-game currency or game items, unless the merchant is the operator of the virtual world that may be particularly prone to abuse such as: Multi-level marketing

Network marketing and referral marketing programs

Drop shipping

The types listed are representative but not exhaustive. Any other organization that Good Work Hub considers unfair, deceptive, or predatory.

In general, what should you cover in your Terms & Conditions?

In general, what should you cover in your Terms & Conditions?

 

  1. Who can use your website; what are the requirements to create an account (if relevant)

  2. Key commercial Terms offered to customers

  3. Retention of right to change offering

  4. Warranties & responsibility for services and products

  5. Ownership of intellectual property, copyrights and logos

  6. Right to suspend or cancel member account

  7. Indemnification

  8. Limitation of liability

  9. Right to change and modify Terms

  10. Preference of law and dispute resolution

  11. Contact info

 

You can check out this support article to receive more information about how to create a Terms and Conditions page.

The explanations and information provided herein are only general explanations, information and samples. You should not rely on this article as legal advice or as recommendations regarding what you should actually do. We recommend that you seek legal advice to help you understand and to assist you in the creation of your privacy policy.

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