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Website Terms

This Website Terms of Use agreement (the “Agreement” or “Website Terms”) is made by and between Be Humanitarian, a Utah Non-Profit corporation (“Non-Profit” “us” or “we” or “our”) and you the user of Non-Profit’s services and products (“you,” “your” or “User”).  This Agreement specifies the Terms and Conditions for access to and use of the Non-Profit’s website located at: https://behumanitarian.org/ and the Non-Profit’s other online platforms and social sites not limited to Etsy, Pinterest, Facebook, Instagram, LinkedIn, Twitter, YouTube, and others (collectively the “Site” or “Website” or “Platform”) and describes the terms and conditions applicable to your access of and use of the Site.  User expressly represents and warrants that by accessing any of our Sites (even just browsing one of our Sites is considered “use” of our Site), you agree to the Website Terms (“Consent”). You intend to be legally bound by your Consent, you are aware that we will rely on your Consent and you waive any defenses to the enforcement of the terms of this Agreement based on the form of Consent.

Assumption of Risk With Use of the Website. The use of the Website is at your sole risk. The Website and any information or service provided through the Website is provided on an “as is” and “as available” basis. Be Humanitarian expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  We make no warranty that (1) the Website will meet your requirements, (2) the Website, and any information or service provided by the Site, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Website, and any information or service provided by the Website, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Website will meet your expectations, or (5) that any errors in any software utilized by the Website will be corrected.  No advice or information, whether oral or written, obtained by you from or through the Non-Profit will create a warranty not expressly stated in these Website Terms.

TERMS OF USE

Changes to Website Terms of Use. The Website Terms may be modified at any time by us upon posting of the modified Website Terms. Any such modifications will be effective immediately. You can view the most recent version of these terms at any time at https://behumanitarian.org/terms. Each use by you will constitute and be deemed your unconditional acceptance of the Website Terms.

Be Humanitarian’s Mission. Our mission is to inspire others to become global citizens and take a hands-on role in improving the world around you.  We aim to improve the future of some of Guatemala’s most impoverished people and help them to break the poverty cycle through early nutrition, education, and self-sustainability.  We offer you several opportunities to help us accomplish our mission through, the following but not limited to, service vacations, sponsoring a child, purchasing goods and services offered on the Platform and cash donations (“Donations”).

Goods or Services: Goods and Services (“Products”) offered on the Platform include personal products, tangible goods, services, or experiences. Non-Profit has full discretion over which Products are offered on the Platform and which Donations are accepted.

Delivery of Goods or Services: We will facilitate the delivery of any Products that are to be delivered by electronic means. We will use your provided email addresses to provide Products through electronic mail. Products that require physical shipping will be shipped by us. Non-Profit has no ability to control what state Products will be received. We make no representation or warranty concerning the quality of the Products offered for sale on the Platform.

Disclaimer.  All Donations are at your own risk. It is your responsibility to understand how your money will be used. We make no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. We will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition.  You agree to indemnify, and hold Be Humanitarian harmless with respect to whether your Donation is eligible as a tax deduction.

Donations. You clearly understand that all Donations paid to us is for services rendered with no guarantee of results. The funds that you pay for Donations belong to us. Non-Profit has full discretion over how the Donations are used and implemented. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless the Non-Profit, in its sole discretion, agrees to issue a refund.  To submit payment, you are required to provide “Payment Information” such as your credit card or bank account information and additional information may be required, such as your email address, name, and mailing address.

  1. Autopay Authorization. For Donations that include monthly payments such as sponsoring a child, you authorize the “Autopay” of Donations by credit card or ACH by providing either a credit card number or ACH information for automatic withdrawal of payment from an authorized bank account (“Account on file”) and you agree that no “prior-notification” for the charges is required. You understand that this authorization to charge the Account on file for such Donations will remain in effect until you terminate this authorization for Autopay by notifying us in writing.
  2. Authorized User. You acknowledge that the origination of payment transactions to the Account on file must comply with the provisions of U.S. law. You certify that you are an authorized user of the Account on file used to pay the Donations and you will not dispute these payment transactions with your bank or credit card Non-Profit, so long as the transactions correspond to the terms indicated with your Donations.
  3. Third-Party Payment Vendor. You understand and agree that your Payment Information is collected and processed by a “Third-party Payment Vendor” via the Payment Gateway pursuant to the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use. You agree that the Third-party Payment Vendor, and not us, is solely responsible for your Payment Information, and we will not be liable for any damages, claims or liabilities arising from your Payment Information.
  4. If Payment Fails. In the case of a charge being declined or returned for insufficient funds (“Failed Payment”), you understand that additional attempts will be made to process the payment. However, if the additional attempts continue to result in a Failed Payment, then you will have seven (7) days from our notice of the Failed Payment to pay the amount due or we may terminate the Donations at our discretion. For each Failed Payment, an additional thirty-dollar ($30) charge will be initiated as a separate transaction from the authorized payment.

Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users. You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Donor Bill of Rights. The Non-Profit subscribes to the Donor Bill of Rights as created by the Association of Fundraising Professionals, Associations for Healthcare Philanthropy, the Council for Advancement and Support of Education, and the Giving Institute. A copy of the Donor Bill of Rights may be found here: https://afpglobal.org/donor-bill-rights.

Ownership. You acknowledge and agree that the Products provided by this Website and any necessary software used in connection with any Product (“Software“) contain proprietary and confidential information that is the property of the Non-Profit and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Product is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Product or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Product or Software, in whole or in part.

Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

Trademarks. You acknowledge the Non-Profit’s exclusive rights in the Non-Profit’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in the Website are the property of the Non-Profit. We retain all rights with respect to any of their respective intellectual property appearing on the Website, and no rights in such materials are transferred or assigned to you.

The Website may include content provided by third parties. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

Indemnification. You agree to indemnify and hold the Non-Profit, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the Website Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Website.

Limitation of Liability. The Non-Profit, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and volunteers will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages including loss or revenue or income, loss of data, pain and suffering, emotional distress, or similar damages, even if we have been advised of the possibility of such damages, such damages were reasonably foreseeable or we were grossly negligent.  In no event will the collective liability of the Non-Profit and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the greater of the amount you have donated to the Non-Profit over the prior twelve (12) months.

Fees. If you purchase any Products from the Website, then you will be charged according to the items purchased, in addition to applicable sales tax and shipping costs.

Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Website Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Website Terms;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Non-Profit, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Website or using other similar methods and tools to gather or extract data, material or other information from the Website, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

Governing Law; Venue; Actions. If there is any dispute about or involving the Website, the Website Terms, you agree that any dispute is governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Utah, located in the state of Utah.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THE WEBSITE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

International Use. Although the Website may be accessible worldwide, the Non-Profit makes no representation that materials and/or Software on the Website are appropriate or available for use in locations outside of the United States. Accessing the Website and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Website and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability. If any provision of these Website Terms will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect.

Waiver. The failure of the Non-Profit to exercise or enforce any right or provision of these Website Terms will not operate as a waiver of such right or provision. Any waiver of these Website Terms by the Non-Profit must be in writing and signed by an authorized representative of the Non-Profit.

Relationship of the Parties. Nothing contained in these Website Terms, or your use of the Website will be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.

Entire Agreement. This Agreement constitutes the entire agreement between you and the Non-Profit and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website, products, services or Donations. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. You should visit the Website and review the Website Terms periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Website Terms signifies and confirms your acceptance of any such changes or amendments to the Website Terms.

Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Website:

  1. Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Website infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Website to Users who are repeat offenders.
  3. Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:
    1. A physical or electronic signature of the User;
    2. The location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or
      disabled; and
    4. The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located,
      or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided
      notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.

Designated Agent and Contact for any questions:  Tobie Spears, support@behumanitarian.org

PRIVACY POLICY

Effective Date.  This Privacy Policy (the “policy“) was adopted by the Non-Profit’s Board of Directors (the “Board”) at its meeting on January 16, 2023 (“Effective Date”).

Purpose. We respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the Website (https://behumanitarian.org/) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect:

  • On this Website.
  • In email and other electronic messages between you and this Website.
  • When you interact with us directly or on third-party websites and services if those applications include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using this Website, you agree to this “Privacy Policy.”

Children Under the Age of 13. The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: support@behumanitarian.org.

Information We Collect About You and How We Collect It. We collect several types of information from and about users of the Website, including information:

  • by which you may be personally identified, such as name, email address, credit card number (”Personal Information”);
  • that is about you but individually does not identify you and/or
  • about your internet connection, the equipment you use to access the Website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us. The information we collect on or through the Website may include:

  • Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our membership programs. We may also ask you for information when you report a problem with the Website.
  • Records and copies of your correspondence (including email addresses) if you contact us.
  • Details of transactions you carry out through the Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.

We do not allow information to be published or posted directly on the Website or transmitted to other users of the Website or third parties.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Website, including any other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Website according to your individual interests.
  • Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you will not be able to use the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.

How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with any applicable notices about the services or products.
  • To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
  • To notify you about changes to the Website or any products or services we offer or provide though it.
  • Bank account or credit card transaction data: You may choose to purchase products or services from the Website. For such purchases we use a third-party application. We only send the bank account or credit card information and our servers do not store or collect any of your bank account or credit card information.
  • Newsletter: You consent to receive delivery of electronic newsletters and other communications from us or from an entity affiliated by ownership with us. We will never share your Email address with any unaffiliated third party. You may opt out of our newsletter mailing list at any time by using the “unsubscribe” link at the bottom of any newsletter email

We work with other companies or developers to offer you products and services and you may choose to sync, link, or connect other third-party services from the Website. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each Non-Profit’s service, product or Donations.

Disclosure of Your Information. We will not disclose aggregated information about our users from the personal information that we collect, or you provide as described in this privacy policy to any third party. We may disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Website Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Non-Profit our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Use of Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: support@behumanitarian.org.

Data Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login token or link for access to certain parts of the Website, you are responsible for keeping this login token or link confidential. We ask you not to share your login tokens or links with anyone. We urge you to be careful about giving out information in public areas of the internet like message boards.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@behumanitarian.org