Terms of Use

This Terms of Use Agreement (“Agreement”) is a contract between you (“you”) and Liftphilippines.org and governs all transactions between you and Liftphilippines.org, as well as your use of Liftphilippines.org websites (the “Website”) and all Liftphilippines.org services. By using the Website, you agree to be bound by this Agreement, whether or not you become a donor, participate in Liftphilippines.org programming (the “Program”) or otherwise use the Website (in each such capacity, a “User”). If you wish to become a donor, participate in the Program or otherwise become a User of the Website, you must read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy).

By using our site, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not use this site. Liftphilippines.org, a registered 501(c)(3) non-profit organization (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, “Liftphilippines.org”). The term “Liftphilippines.org” or “us” or “we” or “our” refers to Liftphilippines.org, Inc. the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Liftphilippines.org Programs

This website is distributed internationally and may contain references to Liftphilippines.org relief services and development programs that are not in your country or area. These references do not imply that Liftphilippines.org intends to announce or provide the programs or services in your country or area.

Participation in Liftphilippines.org

Liftphilippines.org manages the Website, which among other things ascribes you and other donors as supporters. By participating in the Program or otherwise using this Website, you hereby acknowledge and agree that: a. any charitable gift in cash or in-kind (the “Donation”) is explicitly provided as an unrestricted gift and Liftphilippines.org makes no representation, warranty, covenant or guarantee that a User Donation will be used for any particular geographic region, project, community, village, or person, and b. without notice to User, some, part, or all of any Donation may be used for administrative, governance and program activities.

Copyright

The content, magnetic translation, digital conversion, organization, design, compilation, graphics, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by permitted uses, is strictly prohibited. You do not own any part of any content available on the site.

Trade Marks and Service Marks

LIFT Philippines is our service mark/registered service mark or trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and (d) stored, distributed or otherwise used for lawful, informational, non-commercial purposes relating to providing humanitarian relief and development programs provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom (except for the express limited purpose permitted by permitted use); (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States; (l) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (m) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (n) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (o) upload invalid data, viruses, worms, or other software agents through the Site; (p) use the Site for any commercial solicitation purposes; (q) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (r) interfere with the proper working of the Site; (s) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (t) bypass the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein. We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other Users, or for any user’s action or inaction.

No Legal Advice or Attorney-Client Relationship

We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.

Linking to the Site from another site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Advertisers

The Site may contain advertising and sponsorships. We are not responsible for the illegality or any error, inaccuracy or issue in the advertiser’s or sponsor’s materials.

Errors, Changes, Corrections

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site, including any liabilities in connection with state or federal taxes.

Nontransferable

Your right to use the Site is not transferable or assignable.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 20(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

 ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy located in the footer of the homepage.

Donation Payments

You represent and warrant that if you are donating to Liftphilippines.org that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. By providing information related to a Payment Method, the User represents, acknowledges and agrees that the User: (i) is permitted to use that Payment Method; and (ii) shall be the sole responsible for any fee charged by the User’s financial institution or other payment method provider. When the User makes a donation, the User authorizes LIFT (and its designated payment processor) to collect, process and store information related to the relevant Payment Method and other related transaction information to conduct the transaction and help better manage donors and donations. LIFT takes every reasonable care to ensure that all donations and related transactions are conducted via a secure link. However, the security of information and payments transmitted via the internet cannot be guaranteed. The User acknowledges and agrees that: (i) donations to LIFT are at User’s own discretion and risk; and (ii) LIFT has no liability whatsoever for (a) any loss the User may suffer if a third party obtains unauthorized access to any information provided by the User and (b) any act or omission by the User’s financial institution, credit, debit card or other payment method provider, telecommunications services providers or any third party in connection with the donations to LIFT and transactions related thereto.

Links to other Web Sites

The Site contains links to other Web sites. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. The information at www.liftphilippines.org describes many of Liftphilippines.org’s activities, though not all. Contributions are used to support Liftphilippines.org’s programs wherever Liftphilippines.org determines the need is greatest. Donor contributions are tax-deductible to the extent allowed by law, and donors receive no goods or services in return for their donations unless their acknowledgement so specifies. NOTHING IN THIS AGREEMENT OR ON THE SITE SHALL BE CONSTRUED AS PROFESSIONAL TAX, LEGAL OR OTHER ADVICE. YOU MUST CONSULT WITH YOUR OWN TAX, LEGAL, OR OTHER PROFESSIONAL REGARDING THE IMPLICATIONS OF YOUR DONATIONS AND USE OF THE SITE.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in State of Washington United States of America, and shall be governed by and construed in accordance with the laws of the State of Washington.

Termination

Notwithstanding any of these Site Terms, LIFT reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

If you have questions about these Terms of Use, please contact us at info@liftphilippines.org.