Please read these Terms of Service (collectively with the dream: success Privacy Notice, which can be found at: https://www.dreamsuccess.org/legal/privacy) carefully before using this website (the “Website”). These website terms of service govern your access to and use of this Website and other websites, applications, and services provided by Charitable Crusaders, Inc. d/b/a dream: success (“dream: success” or “We”). By accessing the Website or otherwise using the Website, you acknowledge that you have read, fully understand, agree to, and will be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you will not be able to use the Website or access any content.
2. Acceptance of Terms of Service
By using the Website in any manner, including but not limited to visiting or browsing the Website, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. These Terms of Service apply to all users of the Website. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are at least 13 years of age, that your parent or legal guardian agrees to be bound by these Terms of Service if you are between 13 and the age of legal majority in your jurisdiction of residence, and that you have not been previously removed from and are not prohibited from using the Website. We may, in our sole discretion, refuse to offer use of the Website to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, charts, videos, audio clips, other files, written posts, graphics, and interactive features generated, provided or otherwise made accessible on or through the Website.
5. License and Intellectual Property
The Website is owned and operated by dream: success. Unless otherwise indicated, all Content, information, and other materials on the Website are protected by relevant intellectual property and proprietary rights and laws. All Content and other materials are the property of dream: success or its subsidiaries or affiliated companies and/or third party licensors. Unless otherwise expressly stated in writing by dream: success, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Website for your personal use. Dream: success reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Website or the Content; (b) distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Website or the Content, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Website, the Content, or any information contained in them, except as expressly permitted on the Website; or (f) any use of the Website or Content except for their intended purposes. Any use of the Website or Content except as specifically authorized in these Terms of Service, without the prior written permission of dream: success, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.
6. Availability of Content
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (a) monitor, remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (b) to remove or block any Content from the Website.
7. DMCA Copyright Policy
We respect the intellectual property of others and follow the requirements set forth in the Digital Millennium Copyright Act and other applicable laws. The address to Receive Notification of Claimed Infringement is listed at the end of this section. If you believe that material or content residing on or accessible through the Website infringes a copyright, please send a notice of copyright infringement containing the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; contact information about the notifier including address, telephone number and, if available, e-mail address; a statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please Contact Us to receive notification of claimed infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA. DMCA details are available at https://www.copyright.gov/onlinesp.
8. Third Party Services
The Website may permit you to link to or share Content with other websites, services, or resources on the Internet, including, but not limited to, Facebook, Twitter, and LinkedIn. Other websites, services, or resources may contain links to the Website and Content. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link or ability to share Content does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
Your privacy is important to us. Please see our Privacy Notice to learn how we collect, use, and disclose your personal information.
10. Payments and Billing
Certain of our services require acceptance of donations through Stripe, a third-party payment processor. Please note that any payment terms presented to you in the process of using or signing up for a donation are deemed part of these Terms of Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms of Service. Dream: success is not responsible for error by the payment processor. By choosing to donate to us, you agree to pay us, through the payment processor, all charges associated with the donation in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. All such donations are non-refundable and may be utilized for general charitable purposes of dream: success, as determined by senior management and the Board of Directors.
11. Warranty Disclaimer
We have no special relationship with or duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Website, what Content you access via the Website, or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Website. We make no representations concerning any Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Website.
YOU UNDERSTAND AND AGREE THAT THE DREAM: SUCCESS WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. DREAM: SUCCESS MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DREAM: SUCCESS DOES NOT WARRANT THAT THE DREAM: SUCCESS WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, DREAM: SUCCESS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DREAM: SUCCESS WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND DREAM: SUCCESS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DREAM: SUCCESS SHALL CREATE ANY WARRANTY ON BEHALF OF DREAM: SUCCESS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify, and hold harmless us, our respective affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against any and all liabilities, claims, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the Website, Content, or otherwise from your violation of these Terms of Service or Privacy Notice, your noncompliance with applicable law, or your infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR RESPECTIVE, AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR CONTENT, WHETHER SUCH DAMAGES WERE FORESEEABLE OR DREAM: SUCCESS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (I) FOR ANY LOST PROFITS, PROPERTY DAMAGE, DATA LOSS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF TEN DOLLARS ($10.00) (IN THE AGGREGATE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT DREAM: SUCCESS HAS OFFERED THE WEBSITE AND OTHER CONTENT, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DREAM: SUCCESS, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DREAM: SUCCESS. DREAM: SUCCESS WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. The location of the arbitration shall be Dallas, Texas. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website, Privacy Notice or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
15. Governing Law and Jurisdiction
All disputes arising out of or related to the use of the Website or Content, as permitted following the mandatory arbitration described above, shall be brought in the state or federal courts located in Houston, Texas, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the State of Texas without regard to its conflict of law principles.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. It is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following notification of any changes to these Terms of Service constitutes acceptance of those changes.
17. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
21. No Waiver
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
23. Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Website and supersede all prior or contemporaneous communications (whether oral, written, or electronic) between you and us with respect to the Website. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may contact us at the following address:
ATTN: Charitable Crusaders Inc. Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company 211 E. 7th Street, Suite 620 Austin, TX 78701-3218