TERMS AND CONDITIONS
Welcome to 756 Dark ("we," "our," or "us"). By using our website, 756dark.org (the "Site"), you agree to comply with and be bound by the following terms and conditions (the "Terms"). Please read these Terms carefully before using the Site.
1. Acceptance of Terms
Please read these Terms carefully and in their entirety before using the Site and its content are owned by 756 Dark, LLC.
PURPOSE: These Terms are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms. You agree that you have read, understood, and consented to these Terms, as well as the Privacy Policy. If you have any questions, please contact us at [email protected].
You must be at least 18 years old and be able to consent to these Terms. If you are under the age of 18, or you do not agree with these Terms and Privacy Policy as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms and Privacy Policy as stated herein, regardless of whether or not you have read these Terms, as well as the Privacy Policy.
These Terms contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms, you agree to the Arbitration Clause in Paragraph No. 9 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
2. Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Any changes shall be effective immediately upon posting on the Site. Your continued use of the Site after any modifications indicates your acceptance of the new Terms.
3. Use of the Site
· Eligibility: The Site is intended for users who are 18 years or older. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
· Purpose: The Site is intended for charitable purposes, including but not limited to raising awareness, fundraising, and providing information about our charitable activities.
· Prohibited Activities: You agree not to:
o Use the Site for any illegal or unauthorized purpose.
o Attempt to gain unauthorized access to the Site or our systems.
o Disrupt or interfere with the Site's functionality.
o Abuse or harass any person through or on the Site.
o Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
o Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
o Post or transmit any “spam” or unwanted, unsolicited content.
o Post copyrighted materials, photographs, or content which do not belong to you.
o Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
o Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. Donations
· Payment Processing: All donations made through the Site are processed by Fund Raise Up & Stripe. We do not store your payment information.
· Refunds: Donations are typically non-refundable. However, if you believe a donation was made in error, please contact us within 30 days to discuss a possible refund.
· Tax Deductibility: Donations may be tax-deductible as allowed by law. Please consult your tax advisor for more information.
5. Intellectual Property
· Ownership: All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of 756 Dark or its content suppliers and is protected by intellectual property laws.
License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes.
· Restrictions: You may not reproduce, distribute, modify, or create derivative works of any content on the Site without our express written permission.
6. Third-Party Links
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
7. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Site's operation or the information, content, or materials available on the Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied.
8. Limitation of Liability
To the fullest extent permitted by law, 756 Dark shall not be liable for any damages arising from the use of, or inability to use, the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
9. Arbitration
If you have any complaint or should any issue arise in the use of the Site, please contact us directly first by emailing Erinn Smith at 756dark.org.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and 756 Dark shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 10 miles of Coeur D’Alene ID
You are not permitted to seek any monetary damages or additional damages, including consequential or punitive damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless 756 Dark, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Site or your violation of these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Spokane, Washington without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Spokane, Washington.
12. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Washington, or a state court located within the State of Washington in connection with any matter arising out of these Terms, Privacy Policy, or as a result of your use of our Site.
13. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Washington for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Washington.
14. Limitation of Liability:
756 Dark is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use of our Site. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
15. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless 756 Dark, Erinn Smith, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by 756 Dark and Erinn Smith (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms or the Privacy Policy and (c) arising out of any alleged breach or negligence said to have been committed by us.
16. Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms or Privacy Policy or any other terms to which you have agreed to.
17. Entire Agreement
These Terms and Our Privacy Policy constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
18. Severability
The provisions of these Terms are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
19. Contact Information
If you have any questions about these Terms, please contact us at:
· Email: 756dark.org
· Phone: 208-808-2080
· Mailing Address: 993 W Grove Way #103 Coeur D’Alene ID 83815