Terms of service

Welcome to the GivePower Foundation Store website (“Site”). The Site is provided as a service to our valued customers and donors. The following terms and conditions govern your use of the Site (the “Agreement”)

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.  THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. 

CHANGE IN TERMS
GivePower shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access or use of the Site or the Site itself.  Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or addition Terms on the Site.  You are responsible for reviewing these terms periodically for any modification to these Terms that may affect your rights or obligations hereunder.  Any access or use of the Site by you after revisions or additions to these terms shall constitute and be deemed to be your agreement to such revision or additions.

COMPLIANCE WITH LAWS
You agree to comply with all laws, statutes, ordinances and regulations regulating your use of the Site and your purchase of products through it.  You must be at least 18 years old to use the Site.  If you are under the age of 18 and have used and purchased products from the Site, you must have your parent’s permission and we will assume you have done so.  We do not otherwise knowingly collect Personal Information from anyone under the age of 18. 

SITE TRANSACTIONS
We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made.  We reserve the right to prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

SITE CONTENTS
Unless otherwise noted, the Site, and all features and materials on the Site, including but not limited to text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by GivePower Foundation and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.  No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivate works from, sell or exploit in any way any of the Contents or the Site.

CHANGE IN TERMS ERRORS, INACCURACIES AND OMISSIONS
Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
GivePower is pleased to hear from you and welcomes your comments regarding our products and services.  While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans or other materials submitted by you (collectively “Proposals”) other than those we have specifically requested.  The intent of this policy is avoid the possibility of future misunderstandings when projects developed by GivePower employees and agents might seem similar to Proposals.  Accordingly, we ask that you not send Proposals to anyone at GivePower through any communication channel.

If you send certain specific submissions at our request (e.g., customer review or photographs), post comments, photos, reviews or other content on the Site, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use your Comments in any medium.  GivePower is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments.  We have the right but not the obligation to monitor and edit or remove any Comments.  You may not repost, republish, or redistribute Comments outside of the Site.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.  You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false address, pretend to be someone other than yourself, or otherwise mislead GivePower or third parties as to the origin of any Comments.  You are solely responsible for any Comments you make and their accuracy.  GivePower takes no responsibility and assumes no liability for any Comments posted by you or any third party.

PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”).  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.  By accessing the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
GivePower respects the intellectual property of others.  If you believe your work has been copied in any way that constitutes copyright infringement, please provide GivePower’s Digital Millennium Copyright Act (“DCMA”) designated agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of where the material that you can claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• GivePower’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

GivePower Foundation Email: store@givepower.org

Product Information
The prices displayed on the Site are quoted in US Dollars.  We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site.  We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Availability of Products and Services; International Issues
GivePower controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use beyond the USA.  If you visit the Site from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

Pricing Policy
The strike through or listed price represents a price at which we previously offered a product, or a comparable product, recently or in the past, or the value of a similar item in the market.  It may not represent the price in effect online or elsewhere in the market on any particular day or in every market.

Refund Policy
We reserve the right to issue or not issue refunds or credits at our sole discretion.  If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Links to Other Websites and Services
The Site may contain links to other websites that are not under the control of GivePower.  GivePower has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website.  If you use the links, you will (temporarily) leave the Site and your activities may be governed by other terms and conditions and privacy practices.  Links are provided solely for your convenience and information and/or completion of a service.

Disclaimer and Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  To the fullest extent permissible by applicable law, GivePower and its direct and indirect subsidiaries, and each of their respective employees, directors, agents, vendors, licensors, licensees, contractors, customers, successors and assigns (collectively, “GivePower Parties”) hereby disclaim and make no representations, warranties, endorsements or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, or GivePower licensed elements.

THE GIVEPOWER PARTIES FURTHER HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.  GIVEPOWER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE PRODUCTS PORTRAYED ON THE SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OTHER OTHERWISE.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Mindful of the fact that GivePower is a nonprofit and that legal disputes are expensive, both you and GivePower agree to the following dispute resolution procedure:  In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  Notice shall be sent

• To GivePower at: GivePower Legal Department, 415 East St. Elmo, Suite #1-F1, Austin, TX 78745
• To you at: your last-used billing address or the billing and/or shipping address in your online profile

Both you and GivePower agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration.  You and GivePower agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute.  You and GivePower expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity and enforceability of this arbitration provision. 

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

GivePower Legal Department, 415 East St. Elmo, Suite #1-F1, Austin, TX 78745

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”). The AAA Rules are available on the AAA’s website www.adr.org. In the event that the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.  GivePower will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor.  However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure Rule 11, then the arbitrator may award GivePower the reimbursement of its costs and arbitration fees against you and/or your counsel. 

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations must proceed on an individual basis.  The arbitrator is empowered to resolve the Dispute with the same remedies available in Court.  However, to the extent permissible by local law, any relief must be individualized to you and shall not affect any other customer.  You and GivePower agree that each may bring claims against the other in arbitration only in your or GivePower’s individual capacity and in doing so you and GivePower hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or arbitration of any kind.  If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim, and only that claim, must proceed I court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed and enforced with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

TERMINATION
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or GivePower.  You may terminate this Agreement at any time by ceasing use of the Site.  GivePower may also terminate this Agreement at any time without notice, and accordingly deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement.  The obligations and liabilities of the parties incurred to the termination date shall survive the termination of this Agreement for all purposes.

GENERAL
This Agreement and Arbitration Agreement are governed by the laws of the State of Texas, without regard to any conflict of law provision.  The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of GivePower’s right to require strict observance of each of the terms herein.  This Agreement constitutes the entire agreement between us relating to your use of the Site.

Last Revised June 23, 2022