Use Policy

By accessing www.athletesgive.com (the “Site”), you signify your agreement and consent to these Terms of Use or Use Policy (“Policy”) and all applicable law. Such agreement and consent grants you a non-exclusive, non-transferable, limited right to use and access the Site. If you do not agree to the terms and conditions of this Policy, then please do not use and access the Site. The Site reserves the right to change its Policy at any time and such changes shall be posted here. Your continued use of the Site after any changes have been incorporated and/or implemented shall constitute your acceptance of such changes.

By using and accessing the Site, you hereby acknowledge and agree to the following:

1. You shall not interrupt or attempt to interrupt the operation of the Site in any manner whatsoever, directly or indirectly.

2. The Site, which includes the Site’s affiliates and management team (“Management”), disclaims all representations and warranties, express and implied, as to the accuracy, validity, relevancy, reliability, security, legality and continued functionality of other third party sites linked to or from the Site (“Other Sites”) and any and all information contained on such Other Sites.

3. The Site and Management is not responsible for updating the links on the Site and links to Other Sites, transactions entered into on Other Sites, policies of Other Sites and the relevancy, morality and decency of the content on Other Sites.

4. The Site and Management specifically disclaim any liability or responsibility for any errors or omissions in the content on the Site and Other Sites.

5. The Site and Management has no control of Other Sites, the management and operations of Other Sites and the management and operations of any organization, entity, charity and/or cause discussed, displayed, featured and/or highlighted on Other Sites.

6. The Site and Management does not endorse Other Sites, the management and operations of Other Sites and the management and operations of any organization, entity, charity and/or cause discussed, displayed, featured and/or highlighted on Other Sites.

7. You are advised to perform your own due diligence on any and all organizations, entities, charities and/or causes discussed, displayed, featured and/or highlighted on Other Sites prior to contributing to such organizations, entities, charities and/or causes.

8. The Site and Management do not investigate or confirm any representations made by Other Sites or any representations made by any and all organizations, entities, charities and/or causes discussed, displayed, featured and/or highlighted on Other Sites, including without limitation any claims of tax exemption status or standing as a 501(c)(3) entity or any other government recognized entity.

9. Any contributions/donations to or transactions entered into with organizations, entities, charities and/or causes discussed, displayed, featured and/or highlighted on Other Sites is at your own risk.

10. The Site and Management provides no legal, financial, accounting or tax advice whatsoever.

11. You hereby revoke any claim against the Site with respect to Other Sites.

12. All logos and taglines of the Site, not including any logo and/or tagline from Other Sites, are the sole and exclusive property of the Site and Management.

13. You use and access the Site and Other Sites at your own risk.

14. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND OTHER SITES IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND MANAGEMENT DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND MANAGEMENT DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS CONTAINED IN AND/OR RELATED TO THE SITE AND OTHER SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND OTHER SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND MANAGEMENT ARE NOT RESPONSIBLE FOR THE TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY OF SERVICE ON THE SITE AND OTHER SITES. THE SITE AND MANAGEMENT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE AND OTHER SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SITE OR MANAGEMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT RESULT FROM THE ACCESS AND USE OF, OR THE INABILITY TO USE OR ACCESS, THE SITE AND OTHER SITES OR MATERIALS OR FUNCTIONS ON THE SITE AND OTHER SITES, EVEN IF THE SITE AND MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION, OR SUBSEQUENT LOSS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SITE.

15. You agree to indemnify, defend and hold the Site and Management harmless from and against any and all liabilities, losses, damages and expenses (including but not limited to) attorneys' fees and court costs), incurred by the Site and Management in connection with any claim relating to: (i) your use of the Site and Other Sites and (ii) any breach or alleged breach of this Policy. You will cooperate as fully as reasonably required in the Site’s and Management’s defense or any claim. The Site and Management reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Site and Management.

16. This Policy is governed by and subject to the laws of the state of Florida and the United States of America, regardless of your location. Any claims of any kind related thereto must be filed in the courts located in Palm Beach County, Florida, and you hereby consent to the jurisdiction of such court solely for such purposes. You further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient.

updated 11/21/14