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Terms and conditions

Unite4: Good Terms and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE ON THE Unite4: GOOD WEBSITE. A PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF RECEIVING FUNDING FOR AN ELGIBILE NOT-FOR-PROFIT ORGANIZATION (DESCRIBED BELOW). 

HOW THE SITE WORKS: The Unite4: Good website www.u4g.com (“Website”) is sponsored by U4G Group, LLC (“Sponsor”). There are two (2) ways to participate on the Website (1) After becoming a registered user of the Website, a not-for-profit organization that has a 501(c)(3) status that is headquartered in the 50 United States or the District of Columba (“D.C.”) (“NFPs”) may submit a request for funding via a post on the Website that describes a cause for which the NFP is seeking funding from Unite4: Good; or (2) Individuals who are 13 years of age and older and who reside in one of the 50 United States and D.C. at the time of posting (“Individual”), after becoming registered users of the Website, may submit Posts that demonstrate their own acts of kindness in order to receive ”Likes”. Each “Like” equates into the Website’s kindness currency “Points,” with one (1) “Like” equaling one (1) Point. Points are collected by Individuals and may be donated to a NFP to help such NFP reach the threshold level of Points at which level the Sponsor will donate the funds reflected in the Funding Request (defined below) to the NFP to achieve its stated cause. Points are also obtained by Individuals by encouraging other registered users of the Website to ”Like”, share or comment on Posts (defined below). Individuals can also earn Points by being active participants on the Website, as indicated below. Individuals may then select a NFP’s cause to which they want to donate their Points. In order to receive the funding stated in the Funding Request, a NFP must receive the number of Points that the Sponsor designates. Once the NFP has received or collected the stated number of Points, Sponsor will fulfill the Funding Request, subject to verification.

HOW TO SUBMIT A FUNDING REQUEST: NFPs that are registered users of the Website will submit a request to the Sponsor via the Website. Each NFP will be required to submit a detailed description of its purpose as a NFP, the amount of funding that it is seeking, in U.S. dollars (up to a maximum of $2,500) and a description of how the funding will be used, if the funding request is fulfilled (“Funding Request”). Sponsor will review all Funding Requests before they are posted on the Website. Prior to any Funding Request being posted to the Website, Sponsor will send the NFP that submitted the Funding Request an email stating the number of Points the NFP will be required to obtain in order to receive funding, as well as all other requirements that must be satisfied in order to receive the funding (as described below) (“Offer Email”). The NFP will be required to respond to the Offer Email, agreeing to the number of Points and these Terms and Conditions within five (5) days of receipt of the Offer Email. If a NFP does not respond to the Offer Email within five (5) days, the NFP’s Funding Request will be removed from consideration. The NFP may decline the number of Points required in order to receive the funding, but they will not have their Funding Request posted to the Website. Any Funding Request that does not comply with the Terms and Conditions as set forth herein will not be posted and will not be eligible to receive any funding. All decisions regarding Funding Requests are made in Sponsor’s sole discretion and are final. Limit: only one (1) Funding Request per NFP may be active on the Website at any time. The number of Points that are required to have a Funding Request fulfilled will be determined by the Sponsor in its sole discretion. Before any Funding Request will be fulfilled, the NFP must obtain the number of Points from Individuals stated in the Offer Email and the NFP will be required to provide adequate documentation of its 501(c)(3) status. Within thirty (30) days after the Funding Request has been fulfilled, the NFP will be required to provide to the Sponsor, via video (raw video in either AVI, MP4 or MOV format and must be at least thirty (30) seconds in length, or at least two (2) photos (jpeg or png, with the minimum size of 800x600px), proof that the funding was used as described in the original Funding Request. After a Funding Request has been fulfilled, the NFP that received the funds will not be eligible to post another Funding Request for thirty (30) days. Funding Requests will also not be posted to the Website to the extent that, as of the time of such determination, the aggregate number of Points reflected in Funding Requests then posted on the Website is greater than 50,000 Points. In such a situation, the NFP will be notified that its Funding Request cannot be posted to the Website at that time. Once a NFP’s Funding Request has been fulfilled, the Funding Request will no longer accept Points and it will be moved to a different section of the Website. After a Funding Request has been fulfilled, the NFP that submitted the fulfilled Funding Request will not be eligible to submit another Funding Request for thirty (30) days. All Funding Requests will be reviewed in the order that they are received by the Sponsor. If, at any time there are more Funding Requests than allowed to be posted on the Website, per these Terms and Conditions, the Funding Requests will remain in a queue until there is availability on the Website for a new Funding Request. Funding Requests will be moved from the queue to the Website in the order that the Sponsor received the acceptance of the Offer Email from a NFP. 

HOW INDIVIDUALS OBTAIN POINTS: Individuals will go to the Website and post a video or a written document demonstrating him/her doing an act of kindness (each a “Post”). For the purposes of these Terms and Conditions, an act of kindness is a gesture of goodwill toward someone or something (“Act of Kindness”). Any Posts that are determined by the Sponsor, in its sole discretion, to not comply with these Terms and Conditions will be removed from the Website and the Individual will receive an email from the Sponsor indicating that the Post is not in compliance. All Posts must be either an original video that is no more than one (1) minute in length, one (1) photo (jpeg or png, with the minimum size of 800x600px) or a written description that is no more than 5050 characters in length that demonstrates the Individual doing an Act of Kindness. Once a Post has been approved by the Sponsor and is posted to the Website, registered users of the Website are encouraged to view the Post and “Like” it. Each Post will remain public and available for receiving “Likes” for one hundred eighty (180) days. At the end of the one hundred eighty (180) day period that the Post is available for receiving “Likes”, the Individual that created the Post will receive one (1) Point for each “Like” their Post receives. A Post may receive up to 10,000 Points during the one hundred eighty (180) period that it is on the Website. If a Post receives 10,000 Points before the one hundred eighty (180) day period has expired, the Post will not be able to accumulate any additional “Likes”. If an Individual’s Post is found to be not in compliance with these Terms and Conditions and is removed from the Website by the Sponsor, the Individual will not receive any Points, regardless of the number of “Likes” his/her Post received prior to its removal. Individuals may also earn Points by interacting within the Website. For each action an Individual takes on the Website, an Individual will earn an assigned number of Points. For the purposes of these Terms and Conditions, an action is described as any of the following interactions with the Website: “Liking” a Post or Funding Request; Voting for a Post; Sharing a Post; Commenting on a Post, and/or creating a Post that gets posted to the Website (each, an “Action”). For a description of required Actions, the number of Points that can be acquired through each Action, the limit on the number of a same Action that can be made per day, and the total number of Points that can be obtained per day through any Action, see chart below.

REQUIRED ACTION NUMBER OF POINTS EARNED PER ACTION TOTAL NUMBER OF ACTIONS ALLOWED PER DAY TOTAL NUMBER OF POINTS EARNED PER DAY
"LIKING" A POST 3 5 15
COMMENTING ON A POST 2 5 10
SHARING A POST 3 5 15
CREATING A NEW POST 100 1 100

Points may be donated to a designated cause in order to help the NFP receive funding from Unite4: Good.

WEBSITE STATUS LEVELS: Individuals will be able to obtain progressively higher status levels within the Website. Each status level will be determined by the number of Points an Individual obtains through Actions taken within the Website. For each status level an Individual attains, he/she will be awarded bonus Points and for every fifth Level that is achieved, an Individual will be given an additional reward. For a description of the number of Points required to achieve each status level, the number of bonus Points that will be awarded and any available rewards, see below chart. For the purposes of these Terms and Conditions, a Badge is an icon on the Website that indicates the status level an Individual has achieved. All sizes and colors of any rewards are determined by the Sponsor in its sole discretion.

STATUS LEVEL NUMBER OF POINTS REQUIRED FOR LEVEL NUMBER OF BONUS POINTS AWARDED REWARD
LEVEL ONE: BEGINNER255Badge
LEVEL TWO10015
LEVEL THREE22535
LEVEL FOUR40060
LEVEL FIVE: SUPPORTER625200Badge, U4G T-Shirt
LEVEL SIX1275100
LEVEL SEVEN1750140
LEVEL EIGHT2300185
LEVEL NINE2925235
LEVEL TEN: PROMOTER36251000Badge, tbd u4g item(s)
LEVEL ELEVEN6225250
LEVEL TWELVE7975320
LEVEL THIRTEEN9875395
LEVEL FOURTEEN11925475
LEVEL FIFTEEN: ENTHUSIAST141252000Badge, tbd u4g item(s)
LEVEL SIXTEEN19225480
LEVEL SEVENTEEN22525565
LEVEL EIGHTEEN26025650
LEVEL NINETEEN29725745
LEVEL TWENTY: ADVOCATE336253000Badge, tbd u4g item(s)
LEVEL TWENTY-ONE41725750
LEVEL TWENTY-TWO47075845
LEVEL TWENTY-THREE52675950
LEVEL TWENTY-FOUR585251055
LEVEL TWENTY-FIVE: CHAMPION646254000Badge, tbd u4g item(s)
LEVEL TWENTY-SIX762251065
LEVEL TWENTY-SEVEN841251180
LEVEL TWENTY-EIGHT923251295
LEVEL TWENTY-NINE1008251410
LEVEL THIRTY: PHILANTHROPIST1096255000Badge, tbd u4g item(s)

POST/FUNDING REQUEST GUIDELINES: By submitting a Post or a Funding Request, an Individual or an authorized representative of an eligible NFP warrants and represents that: (a) it is an original work of such Individual or NFP, (b) it has not been previously published, (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (d) permission has been obtained from any person or entity whose name, logo and/or image, picture, or likeness, is used in the Post or Funding Request, and (e) publication of the Post or Funding Request via various media, including Web posting, will not infringe on the rights of any third parties. Any such Individual or NFP will indemnify, defend, and hold harmless Sponsor, as set forth below, from any claims to the contrary.

Posts or Funding Requests may not be obscene or indecent; be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; endorse any form of hate or hate group; defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; invade privacy or other rights of any person, firm or entity; in any other way violate any applicable federal, state or local laws or regulations or the Sponsor’s Terms of Service; contain any reference to any third party trademarks or names or any copyrighted components; contain any personal identification, including, but not limited to, license plate numbers, personal names, email addresses, phone numbers, or street addresses; and contain any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services), other than that directly relating to the NFP or the Funding Request. Posts or Funding Requests not in compliance with the above-referenced requirements (the “Post Guidelines”) will be disqualified.

Sponsor reserves the right in its sole and unfettered discretion to disqualify any Post or Funding Request that it believes contains obscene, offensive or inappropriate content, that does not comply with these Terms and Conditions, or that is not consistent with the spirit or theme of the Website.

BY POSTING OR SUBMITTING A FUNDING REQUEST, INDIVIDUALS AND NFPS ACKNOWLEDGE THAT A POST OR FUNDING REQUEST MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION.

Submission of a Post or Funding Request grants Sponsor and its agents the right to publish or use such Post or Funding Request in any way, in any and all media, without limitation, and without consideration to the entrant. Although Sponsor will not edit Posts or Funding Requests as a matter of course, Sponsor reserves the right to adapt, edit and/or modify such Post or Funding Request in any way, in any and all media, without limitation, and without consideration to the entrant, as may be deemed necessary in Sponsor’s sole discretion.

POSTS OR FUNDING REQUESTS POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL OR THE NFP AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to any Individual or NFP. Sponsor reserves the right to waive the Post Guidelines set forth herein in its reasonable discretion.

By submitting a Post or a Funding Request, Individuals and/or NFPs agree that any Post or Funding Request is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose the ideas contained in the Post or Funding Request on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Individuals or NFPs. Individuals and NFPs acknowledge that, by acceptance of their Posts and/or Funding Requests, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Individuals or NFPs.

GENERAL: The Sponsor and each of its parent companies, subsidiaries, affiliates, advertising/promotion agencies and the shareholders, directors, officers, employees and agents of each of the foregoing (collectively, the “Released Parties”) are not responsible for lost, late, inaccurate, delayed, damaged, stolen, illegible, incomplete or misdirected Posts or Funding Requests. Posts or Funding Requests made by any means which subvert the stated participation process will be void. Individuals or NFPs may not register with multiple names, addresses or identities nor may Individuals or NFPs use any other device or artifice to participate. Any Individual or NFP who/that attempts to enter with multiple names under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeits any and all potential funding or Points, in Sponsor’s sole discretion.

FUNDING REQUEST FULFILLMENT: Once the requisite number of Points has been acquired by a NFP that submitted a Funding Request to receive its funding from Unite4: Good, the Sponsor will contact the NFP to inform it that it is prepared to provide the funds indicated in the Funding Request. All potential funding recipients are subject to verification by the Sponsor, whose decisions are final and binding in all matters related to the funding of a Funding Request. A NFP will not receive funding unless and until the NFP’s eligibility has been verified and it has been notified by Sponsor that verification is complete.

All federal, state, and local taxes on the funding and all other costs not specifically outlined in these Terms and Conditions are the responsibility solely of the NFP’s who receive funding by having their Funding Request fulfilled.

Each NFP that is the potential recipient of funding from U4G will be notified within fifteen (15) days after the requisite number of Points have been obtained. If Sponsor is unable to contact the NFP within thirty (30) days, such funding may be forfeited in Sponsor’s sole discretion. In the event of non-compliance with any of these requirements of these Terms and Conditions, funding may be forfeited in Sponsor’s sole discretion. Potential recipients will be notified via overnight mail or email and will be required to sign, execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted), and any other legal documentation that Sponsor may require, within five (5) days of date printed on funding notification or funding may be forfeited. Failure to provide all required information, and signature(s) on the Affidavit, or the return of funding notification as undeliverable, may result in forfeiture of rights to receive funding. NFPs that receive funding from Sponsor will further be required to provide documentation, either written, photographic or on video, that the funds received were used for the purpose that was described in the Funding Request. Failure to provide this documentation or use of the funds for purposes outside of what was described in the Funding Request may result in such NFP being required to return all funding that was received, as determined by Sponsor in its sole discretion. Noncompliance with the foregoing, failure to abide by these Terms and Conditions, or return of the funding notification as non-deliverable may result in disqualification. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participating NFPs. NFP is advised to seek independent counsel regarding the tax implications of accepting any funding and will be required to issue a receipt to the Sponsor indicating the amount of funding received. Funding cannot be transferred or assigned or substituted or used for any purpose outside what was specified in the corresponding Funding Request except at Sponsor’s sole discretion.

GENERAL TERMS AND CONDITIONS: This Website is governed by the laws of the United States. Void where prohibited by law and outside the United States. By participating as either an Individual or a NFP, all agree to be bound by these Terms and Conditions and the decisions of the Sponsor. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision unless such waiver is set forth and agreed to in writing by Sponsor.

RELEASE, DISCLAIMER AND LIMITATIONS OF LIABILITY: By accepting funding from the Sponsor, each NFP agrees to release, discharge, and hold harmless the Released Parties from and against any and all claims and liability for any injuries, including but not limited to personal injury, death, loss or damage of any kind arising from or in connection with submitting a Funding Request to the Sponsor via the Website or the acceptance, possession, use and or misuse of funding or participation in any related activities, if applicable, or claims based on right of publicity/right of privacy or defamation. By submitting a Funding Request or posting a Post, both NFPs and Individuals agree that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death or to property arising out of the access to and use of the Website or the downloading from and/or printing material downloaded from such site. The Released Parties are not responsible for (1) any incorrect or inaccurate information, whether caused by Individuals or NFPs, printing errors or by any of the equipment or programming associated with or utilized while submitting a Post or a Funding Request; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the processing of submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an NFP or an Individual’s participation on the Website. 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

PUBLICITY: By having a Funding Request fulfilled, each NFP grants the Sponsor (which grant will be confirmed in writing on request of Sponsor) the right to use and publish the name of the NFP, any photograph and/or videotaped/filmed image provided by the NFP, and any relevant information about the NFP in commerce and in all media worldwide, including but not limited to the Internet, for advertising/publicity/trade purposes without additional compensation, notice or approval; and, an NFP that has its Funding Request fulfilled disclaims any ownership rights of such advertising/publicity/trade material, except where prohibited by law.

INTELLECTUAL PROPERTY RELEASES: BY SUBMITTING A FUNDING REQUEST OR SUBMITTING A POST, NFPS AND INDIVIDUALS EACH AGREE THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT MAY BE SUBMITTED TO SPONSOR, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY (AVAILABLE AT U4G’S PRIVACY POLICY URL), ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO AN INDIVIDUAL OR A NFP OR ANY THIRD-PARTY. PARTICIPATING INDIVIDUALS AND NFPS HEREBY GRANT TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, IN PERPETUITY, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE THE FUNDING REQUESTS AND/OR POSTS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGE AND AGREE THAT IF SPONSOR DOES USE THE SUBMISSIONS NFPS AND INDIVIDUALS SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. PARTICIPATING INDIVIDUALS AND NFPS WAIVE ANY MORAL RIGHTS THEY MAY HAVE TO THE SUBMISSIONS, AND AGREE THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ANY SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. PARTICIPATING INDIVIDUALS AND NFPS FURTHER AGREE THAT IF SPONSOR ELECTS TO USE ANY RESPECTIVE SUBMISSION, PARTICIPATING INDIVIDUALS AND/OR NFPS WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT.

BY ACCEPTING FUNDING FOR A CAUSE, A NFP AGREES THAT ITS FUNDING REQUEST WILL BE DEEMED A WORK MADE FOR HIRE UNDER THE COPYRIGHT LAWS OF THE UNITED STATES, BUT IF IT CANNOT BE SO DEEMED, THEN THE NFP IRREVOCABLY ASSIGNS AND TRANSFERS TO SPONSOR ALL OF ITS RIGHT, TITLE AND INTEREST IN AND TO ITS FUNDING REQUEST, INCLUDING ALL, BUT NOT LIMITED TO ALL, COPYRIGHT AND TRADEMARK RIGHTS WHICH IT MAY HAVE, IN THE UNITED STATES AND WORLDWIDE, THEREIN, FOR CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED. A NFP THAT RECEIVES FUNDING FROM SPONSOR HEREBY WAIVES IN FAVOR OF SPONSOR, ALL RIGHTS OF “DROIT MORAL” OR “MORAL RIGHTS OF AUTHORS” OR ANY SIMILAR RIGHTS OR PRINCIPLES OF LAW THAT THE NFP MAY NOW OR LATER HAVE TO ITS SUBMISSION. SPONSOR RESERVES THE RIGHT TO ALTER, CHANGE OR MODIFY ANY SUBMISSION, IN ITS SOLE DISCRETION. UPON REQUEST OF SPONSOR, NFP SHALL EXECUTE AND DELIVER SUCH ADDITIONAL INSTRUMENT OF ASSIGNMENT, AS MAY BE SOLELY DEEMED BY SPONSOR, REASONABLY NECESSARY TO ESTABLISH THE OWNERSHIP OF RECORD OF THE RIGHT, TITLE AND INTEREST IN AND TO THE ENTRY AND OF THE COPYRIGHTS TRANSFERRED AND “MORAL RIGHTS OF AUTHORS” WAIVED UNDER THESE TERMS AND CONDITIONS. SHOULD SPONSOR FAIL TO REQUEST THE SAID ASSIGNMENT AS STATED, THAT SHALL NOT BE DEEMED A WAIVER OF SPONSOR’S RIGHTS AND SPONSOR MAY AT A LATER TIME REQUEST THE ASSIGNMENT.

INDEMNIFICATION: IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, THE SUBMITTING INDIVIDUAL OR NFP AGREES TO INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH THEY INCUR AS A RESULT OF USE OF THE SUBMISSION.

MODIFICATION; TERMINATION: Should any portion of the Website be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or submission of Funding Requests or Posts, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend any activity on the Website. Notice of such action by Sponsor will be posted on the Website. Sponsor reserves the right in its sole discretion to disqualify any Individual or NFP it finds to be tampering with the submission process or the operation of the Website or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL OR NFP TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. 

DISPUTES: Except where prohibited, Individuals and NFPs agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with participation the on the Website, or any funding awarded, or the administration of the Website or the determination of funding recipients, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the state of Illinois pursuant to the Rules of the American Arbitration Association then effective; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation on the Website, but in no event shall any attorneys’ fees be awarded; and (3) under no circumstances will an Individual or NFP be permitted to obtain awards for and Individuals and NFPs hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Individual’s and NFP’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Website shall be governed by and construed in accordance with federal law and to the extent not inconsistent, the laws of the state of Illinois. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Website materials and these Terms and Conditions, these Terms and Conditions shall prevail, govern, and control. In the event there is a discrepancy or inconsistency between or within these Terms and Conditions, it shall be within Sponsor’s sole discretion to determine the resolution of such a discrepancy.

GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Website, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois, and any matters or proceedings which are not subject to arbitration as set forth above and/or are for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Lincolnshire.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

OTHER CONDITIONS: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Website-related materials or made by any employee of Sponsor, and these Terms and Conditions, these Terms and Conditions shall prevail, govern and control.

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

SPONSOR: U4G Group, LLC, 111 Barclay Blvd., Suite 280, Lincolnshire, IL 60069. 

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