TERMS OF USE

CONTENT

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the "Content") are exclusively the property of BCC or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, BCC reserves all other rights in and to the Site and Content, including all intellectual property rights.

USE RIGHTS

You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by BCC.

DONATIONS

By making a donation on the Site, you acknowledge and agree to the following:

• All donations made via the Site are intended to support the activities, including charity activities, of BCC.
• By donating money through the Site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected.
• Donations are processed by our third-party payment processor. When making a donation via the Site, you agree to any terms, conditions, or privacy policies of the third-party payment processor being utilized. When making an online donation, you will be prompted to make a one-time gift or a recurring gift. If you choose to make a recurring gift, you authorize periodic payments (e.g., monthly, quarterly, annually, etc.) made on the same form of payment in which you are making your initial payment. You will receive an email each month to the email address we have on file for you prior to the recurring gift being charged to your credit or debit card.
• Donations may be subject to transaction processing fees, which may vary depending on the payment method used. The amount donated may be reduced by these processing fees.
• All donations made through this website are final and non-refundable, except as required by law.
• BCC is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. As such, your donation may be tax-deductible, subject to applicable tax laws. We make no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. We will have no liability for any claim by any federal, state, 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.
• While BCC makes every effort to ensure the proper use of donated funds, we cannot guarantee specific outcomes from donations. All donations are used in furtherance of BCC's mission and activities, but specific use or success is not guaranteed.

USE OF MARKS

BCC owns certain trademarks, names, logos, insignia, or service marks ("Marks"). You do not have the right to use any Marks except as expressly agreed to in writing by BCC. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

INTELLECTUAL PROPERTY RIGHTS

The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to BCC or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

COMPLIANCE WITH LAWS

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

CHILDREN'S INFORMATION

The Site is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Site.

RESTRICTIONS ON YOUR USE OF THE SITE

• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without BCC's prior written consent.
• You will not use the Site for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, including using stolen, expired, or invalid payment information for donation purposes.
• You will not make donations or conduct financial transactions on behalf of another person or entity without appropriate consent.
• You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
• You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
• You may not upload, distribute, or transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Site that BCC considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

FEEDBACK AND OTHER CONTENT SUBMITTED BY YOU

If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

SOCIAL MEDIA

Links to BCC's social media pages (e.g. Facebook, Twitter, LinkedIn, and YouTube) may be included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect BCC's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by BCC of that third party or any service or company they represent.

NO WARRANTY

THE SITE AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

BCC MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. BCC DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. BCC DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BCC OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, "BCC PARTY(IES)") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BCC PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BCC PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE BCC PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

THIRD-PARTY WEBSITES AND CONTENT

The Site may link to, or be linked to, websites not maintained or controlled by BCC. Those links are provided as a convenience to the visitors of our Site. BCC is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. BCC does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.

The Site may also contain certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that BCC has reviewed the third-party content or that there is any association between BCC and any third party. You access third-party content at your sole risk. BCC has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.

LINKING TO THE SITE

You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of BCC. If BCC grants you a right to link to the Site, certain terms may apply, and BCC reserves the right to revoke such consent at any time. You are responsible for any costs incurred by BCC in enforcing its rights under this Section.

USE IN THE UNITED STATES

The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS BCC OR THE BCC PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

TERMINATION

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to your Account or the Site or Content. BCC may suspend or terminate your use of the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. BCC shall not be liable to you or anyone else for any damages arising from or related to BCC's suspension or termination of your use or access to the Site or the Content, or in the event BCC modifies, discontinues or restricts the availability of your use the Site or the Content (in whole or in part).

SITE UNAVAILABILITY

Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

COOPERATION WITH LAW ENFORCEMENT

BCC will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD BCC AND THE BCC PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

GOVERNING LAW

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Oakland, California and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in Oakland, California. You irrevocably submit and consent to the personal jurisdiction of such courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

ASSIGNMENT

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of BCC's successors and assigns.

ENTIRE AGREEMENT

These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and BCC with respect to your access to and use of the Site.

WAIVER

BCC's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BCC.

SEVERABILITY

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

ELECTRONIC COMMUNICATIONS

These Terms and any other documentation, agreements, notices, or communications between you and BCC may be provided to you electronically to the extent permissible by law.

CONTACT US

Please direct any questions and concerns regarding these Terms to us by emailing info@wearebcc.org.