the human impact terms of use

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

The Human Impact (the “Organization”) is a not-for-profit corporation exempt from federal income tax in the United States under section 501(c)(3) of the United States Tax Code. The Organization was organized under the laws of the State of Texas, and maintains its principal office in Dallas, Texas. 

Acceptance of these Terms. Use of the Organization’s website is subject to the following terms and conditions. By registering with or otherwise interacting with the Organization or its website, you agree to be bound by the following terms and conditions. If you do not agree to these Terms of Use and Service (these “Terms”), you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, the terms “you” and “your” will refer and apply to that company or other legal entity.

Donations. Any Website user may become a donor (“Donor”) by pledging a donation to the Organization by using the donation tool on the Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to the Organization, that the Organization has exclusive control over the use of all donations, and that your donation is subject to the Organization’s Gift Acceptance Policy. In the event that you make a donation pledge, you will be required to provide credit card or other payment information at the time of the pledge. You represent and agree that all payment information you provide to the Organization will be true, accurate, current and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to promptly provide the Organization with alternative payment information to fulfill your donation pledge. You acknowledge and agree that all donations are final and will not be returned, in whole or in part. Should the purpose for which the donated funds are provided cease to exist, the Organization may re-designate the purpose of the funds, and the distributions therefrom, or release such restriction, provided that the funds shall continue to bear the name of the donor and that the amended use shall adhere as closely as possible to the donor’s original intent. In order to make donations online using the donation tool on the Website, you must be 18 years of age or over. By using the Website’s payment method, you confirm that you possess the legal authority to enter into the Terms and that you are instructing the Organization or its authorized vendors to collect any payments from the credit or debit card you provided.

Restrictions on Use. Material from www.thehumanimpact.org (the “Website”) and any other World Wide Web site owned, operated, licensed, or controlled by The Human Impact (the “Organization”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of the Organization. Modification or use of the materials for any other purpose violates the intellectual property rights of the Organization. The material in this Website is provided for lawful purposes only. If you download software from the Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by the Organization. Neither title nor intellectual property rights are transferred to you, but remain with the Organization, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form.

Copyright Statement. Notwithstanding the foregoing paragraph, copyright in the text materials contained in this Website is owned by the Organization. These text materials may be used, downloaded, reproduced or reprinted, provided that this copyright notice appears on all copies and provided that such use, download, reproduction or reprint is for non-commercial or personal use only. Copyright in the photographs, illustrations, artworks, and other graphic materials are reserved to the Organization and/or the copyright owners. Prior permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained by the copyright owner, regardless of intended use. Additionally, any use of “The Human Impact”, its logo, or text or graphic materials contained in this Website in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by the Organization, is strictly prohibited.

Links to Other Websites. As a community service, the Organization may provide links to the websites for various nonprofits and nonprofit resources. Unless expressly stated otherwise, the Organization makes no representations whatsoever concerning the content of those websites. A link to a website from this Website is not an endorsement, authorization, sponsorship or affiliation with respect to such website, its owners or providers.

Limitation of Liability. The Organization will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. The Organization will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence, or the Organization or an authorized representative of the Organization has been advised of the possibility of such damages or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The Organization’s total liability to you for all losses, damages, and causes of action, in contract, tort (including without limitation, negligence), or otherwise, will not be greater than the amount you paid to access this Website.

Submissions. All remarks, suggestions, ideas, graphics or other information communicated to the Organization through this Website (collectively the “Submission”) will forever be the property of the Organization. The Organization will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations of the Organization. Without limitation, the Organization will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, the Organization will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. The Organization’s use and retention of personally-identifiable information you provide to the Organization through this Website, including in connection with any Submission, is governed by the Organization’s Privacy Policy.  You acknowledge that you are responsible for whatever material you submit, and you, not the Organization, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Jurisdiction. Except as described otherwise in these Terms, all materials included in the Website are made available only to provide information about the Organization. The Organization controls and operates this Website from its headquarters in Dallas, Texas, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are solely responsible for compliance with applicable local laws. Some software from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has placed an embargo; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list; or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

Disclaimer. The material set forth in this Website could include technical inaccuracies or typographical errors. The Organization may make changes or improvements herein at any time. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE ORGANIZATION DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ORGANIZATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ORGANIZATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE ORGANIZATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Modification. The Organization reserves the right, at its sole discretion, to modify the Website or to modify these Terms at any time and without prior notice. In the event the Organization modifies these Terms, it will post the modification on the Website. The Organization will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Website will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website. 

Website Access and Functionality. You are solely responsible for obtaining the internet access necessary to use the Website. You are further responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website, and, in the event you access the Website from a wireless-enabled device, for paying any rates and fees charged by the your mobile network with respect thereto. The Organization does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device, and you acknowledge that the Website may be subject to malfunctions or delays inherent in the use of the internet and electronic communications. 

No Agency. You hereby agree and acknowledge that your use of the Website and acceptance of these Terms does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship with the Organization, and that no affiliation, association, or connection exists between you and the Organization. 

Governing Law; Venue. These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to any conflicts of law principles. Any disputes arising under these Terms or related to the Website or the Services shall be handled by courts of competent jurisdiction located in Dallas County, Texas.

Termination. The Organization may discontinue the Website in its sole discretion at any time, with or without notice to you. You agree that the Organization may terminate your use of and access to the Website if it determines, in its sole discretion, that you have violated or acted inconsistently with the Terms, violated the rights of the Organization or any third party, or for any reason with or without notice to you. You agree that the Organization will not be liable to you or any third party as a result of such discontinuation.

Miscellaneous. These Terms constitutes the entire agreement between you and the Organization and governs your use of the Website, superseding any prior agreements between you and the Organization (including, but not limited to, any prior versions of these Terms) with respect to the subject matter set forth herein. These Terms do not limit any rights that the Organization may have under trade secret, copyright, patent, trademark or other laws. The failure of the Organization to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the relevant provision, and the other provisions of these Terms shall remain in full force and effect. Any headings or other titles of sections that may appear in these Terms are for convenience only and have no legal or contractual effect. These Terms will inure to the benefit of the Organization and its successors and assigns.


THE HUMAN IMPACT PRIVACY POLICY

Our Commitment to Privacy. Your privacy is important to The Human Impact (the “Organization”). To better protect your privacy, we are providing the following privacy policies that explain our online information practices and the choices you can make about the way your information is collected and used when you visit www.thehumanimpact.org (the “Website”). 

Why We Use and Collect Information About You. Our primary goals in collecting personal information are to provide you with a smooth, efficient, and customized experience, to send you information upon your request, to facilitate your ability to make charitable donations, and to thank you for your support. 

The Information We Collect. In general, we may automatically gather certain usage information, such as the number and frequency of visitors to the Website. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in the aggregate. This collective data helps us to determine how frequently our visitors use parts of the Website and to conduct internal research on our users’ demographics, interests, and behavior to better understand and serve you. In addition, we may aggregate data and disclose such information in a non-personally identifiable manner to partners or third party vendors. In these situations, we do not disclose any information that could be used to identify you personally. 

In addition to the foregoing, we may collect personal information that you voluntarily provide, such as your name, postal address, telephone number, e-mail address, or similar information, when you participate in certain activities on the Website, including (but not limited to) when you make a contribution to support the Organization, register for one of the Organization’s events, send correspondence to the Organization through the Website, or participate in any activity that requires your personal information.

Sharing Information. As a matter of policy, we will not sell, rent, or share our donor lists with any third parties. We will not share any personal information about you in ways other than those described herein. However, we will disclose the information we have collected about you in the event we are required to do so by a court, administrative or governmental order, subpoena, or other legal process or requirement. We may also share the information collected about you if we believe it necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, intellectual property infringement, violations of the Terms of Use for the Website, or other activity that may expose the Organization or you to liability. 

Our Commitment to Data Security. We employ commercially reasonable security methods and technologies to help secure the personal information we collect and store. However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. We use a vendor to process credit card payments made through the Website and to store associated payment data, so the Organization does not directly collect such credit card information, nor does the Organization store or have access to credit card information submitted online. For donations made offline, the Organization may directly collect, store or have access to credit card information for processing payments.

Access to Information About You. If you desire to review your own personal information, to correct existing information, or to remove your information, please contact the Organization via email at info@thehumanimpact.com. If you request removal of your personal information, you acknowledge that residual information may continue to reside in the Organization’s records and archives, but the Organization will not use that information for commercial purposes. The Organization reserves the right to maintain your personal information if the Organization has suspended, limited, or terminated your access to the Website for violating the Terms of Use.

Children. The Organization does not knowingly collect information from children under the age of thirteen (13). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policies by instructing their children never to provide information on the Website without their permission.

Choices. As outlined in the Terms, you can always choose not to provide information; however, doing so may prevent you from making a donation or accessing other valuable features on the Website. We want all our visitors to have fun surfing the Website and urge you to use common sense whenever disclosing personal information on the Website or anywhere else on the Internet.

Revision of this Privacy Policy. The Organization reserves the right to revise this Privacy Policy periodically. If we make substantive changes in the way we share, store, or handle personally identifiable information, we will notify Website users and visitors through prominent postings on the Website and/or by e-mail. A current version of this Privacy Policy will always be readily accessible on our Website. 


To read our Gift Acceptance Policy, please click here.