This User Agreement ("Agreement") is between you and BeProactive, Inc. (DBA Thanks-A-Bunch), with a principal place of business at 3705 Golden Pond Dr., Camarillo, California. This Agreement shall apply to the following BeProactive, Inc. Web site properties: thanksabunch.org; thanksabunch.us; Beproactive.org. Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the Thanks-A-Bunch.org Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Thanks-A-Bunch services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using the Thanks-A-Bunch.org Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use the Thanks-A-Bunch.org Web site.
1. You acknowledge that upon becoming a member of Thanks-A-Bunch.org, you are automatically subscribed to receive notifications including but not limited to Thanks-A-Bunch campaigns, events and newsletter benefits. If you would not like to receive these notifications, you can remove yourself from these lists at any time by contacting firstname.lastname@example.org and including “unsubscribe” in the subject line.
2. You acknowledge that you are 17 years of age or older, and, if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 17 are not allowed to visit or otherwise use our Site.
4. You are responsible for regularly reviewing this User Agreement. BeProactive, Inc. reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
5. We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. BeProactive, Inc. has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
6. BeProactive, Inc. may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against BeProactive, Inc. in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, BeProactive, Inc. may delete and/or store, in its discretion, data associated with your use of the Site. BeProactive, Inc. may also change, suspend, or discontinue any aspect of the Thanks-A-Bunch.org Web site at any time, including the availability of any Web site feature, database, or content.
7. The Thanks-A-Bunch.org Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Thanks-A-Bunch.org Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
8. YOU AGREE THAT YOUR USE OF THE THANKS-A-BUNCH.ORG WEB SITE IS AT YOUR OWN RISK. THE THANKS-A-BUNCH.ORG WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE THANKS-A-BUNCH.ORG WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL BEPROACTIVE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE THANKS-A-BUNCH.ORG WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE THANKS-A-BUNCH.ORG WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE THANKS-A-BUNCH.ORG WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THANKS-A-BUNCH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM BEPROACTIVE, INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, BEPROACTIVE, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THANKS-A-BUNCH.ORG WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THANKS-A-BUNCH.ORG WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BEPROACTIVE, INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
9. The links found on the Thanks-A-Bunch.org Web site will let you leave our Web site and go to sites operated by parties other than BeProactive, Inc. The linked sites are not under the control of BeProactive, Inc. and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the Thanks-A-Bunch.org Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by BeProactive, Inc., or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between BeProactive, Inc., or any of its affiliates, and any linked third party or their content. BeProactive, Inc. does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
10. By offering a number of third party products and services, including advertisements, on our Site, BeProactive, Inc. makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. BeProactive, Inc. expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against BeProactive, Inc. for damages arising from such transactions or your reliance upon statements contained therein. You will not consider BeProactive, Inc. nor will BeProactive, Inc. be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS BEPROACTIVE, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE THANKS-A-BUNCH.ORG WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
11. This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles, CA.
12. Any cause of action you may have with respect to your use of the Thanks-A-Bunch.org Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
13. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to BeProactive, Inc., Attention Administrative Department, 3705 Golden Pond Drive, Camarillo, CA 93012
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Thanks-A-Bunch.org Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The names BeProactive, Inc., Thanks-A-Bunch.org, Thanks-A-Bunch.org logos, are, inter alia, trademarks and/or property of BeProactive, Inc. that may be registered in certain jurisdictions. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Thanks-A-Bunch.org Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. The posting of information or materials on the Thanks-A-Bunch.org Web site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the Thanks-A-Bunch.org Web site for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of Thanks-A-Bunch.org Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of BeProactive, Inc. and/or the respective intellectual property rights holder identified in the subject content.
BeProactive, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of BeProactive, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BeProactive, Inc.'s Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (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.