Giving Company Terms and Conditions
Last Updated: March - 20 - 2019
Acceptance of Terms
By agreeing you acknowledge that you have read and agree to be bound by the Giving Company websites Terms and Conditions. Giving Company provides services on the internet and the World Wide Web (the Web) through its iDisciple and Christian Cinema applications and various web sites, including iDisciple.org, ChristianCinema.com, Dove.org, FamilyChristian.com, and GivingCompany.com (“Giving Company websites”), subject to the following Terms and Conditions. Giving Company may update the Terms and Conditions from time to time, without notice, and maintains the most current version of these Terms and Conditions at www.givingcompany.com. When using the Giving Company websites, you shall also be subject to any additional guidelines or rules which may be posted from time to time on the Giving Company websites. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. Violations of these Terms and Conditions should be reported via email to email@example.com.
Description of Service
Giving Company provides users with access to a variety of services through the Giving Company websites, including but not limited to, video on demand, online video viewing, blog posts, commentary, other various communications tools, forums, and personalized content. By using the Giving Company websites, you understand that such usage may include communications from Giving Company and its related companies (iDisciple, Christian Cinema, Dove Movies and Family Christian which are together referred to in these Terms and Conditions as “Giving Company”), including but not limited to service announcements, administrative messages, and other messages to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to the Giving Company websites, which may involve equipment and third-party fees (such as internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).
Your Registration Obligations
You acknowledge and agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Giving Company websites registration forms (the Registration Data ).
- Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If Giving Company suspects that such information is untrue, inaccurate, not current or incomplete. Giving Company has the right to suspend or terminate your account and refuse any and all current or future use of the Giving Company websites ( or any portion thereof ). Giving Company is concerned about the safety and privacy of all of its users, particularly children. For this reason, parents of children under the age of 13 who allow their children to access the Giving Company websites must acknowledge that the Giving Company websites are designed to appeal to a broad audience. Accordingly, as your child’s legal guardian, it is your responsibility to determine whether the Giving Company websites are appropriate for your child.
iDisciple Subscription, Free Trials, Billing and Cancellation
- Ongoing Subscription.Your iDisciple subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the iDisciple service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Differing Subscription.We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with iDisciple by visiting our website and clicking on “Terms”. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
- Free Trials
- Your iDisciple subscription may start with a free trial. The free trial period of your subscription lasts for the period as specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. iDisciple reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, visit our website, sign in, and click Account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. If you wish to cancel at any time, go to our website, sign in, click on Account and then click Cancel Subscription. You will be asked to confirm your cancellation. Once you accept, you will see a confirmation that your account is cancelled.
- Recurring Billing.By starting your iDisciple subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the iDisciple service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Price Changes.We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.
- Billing Cycle.The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your iDisciple subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website, sign into your account and click “Account” to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms and Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
- No Refunds.PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods.All subscribers are required to maintain valid credit card information on file for the processing of any applicable service fees. You may edit your Payment Method information by visiting our website, signing in, clicking Account, then clicking Payment Info. Once you make the appropriate changes, and click Update to save the changes. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. At its sole discretion, iDisciple may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account. This may result in a change to your payment billing dates. iDisciple may take any reasonable action to validate your credit card and registration information and collect all payments due.If you signed up for iDisciple using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel your iDisciple subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the iDisciple service. You may also find billing information about your iDisciple subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you certain fees or other charges. Check with your Payment Method service provider for details.
- You may cancel your iDisciple subscription at any time, and you will continue to have access to the iDisciple service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to our website, sign in, click on Account and then click Cancel Subscription. You will be asked to confirm your cancellation. Once you accept, you will see a confirmation that your account is cancelled.
Christian Cinema Subscription, Billing and Cancellation
- By registering to open a Christian Cinema account and providing or designating a Payment Method, you authorize us to charge to your Payment Method all rental fees, purchase fees, and any other charges that you may incur in connection with your use of the Christian Cinema service. You acknowledge that the amount charged may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and you authorize us to charge your Payment Method for such varying amounts, which may be charged when you incur such amounts.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED CONTENT OR TIME PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Christian Cinema website. You will not be able to view content until Christian Cinema successfully processes your payment. If Christian Cinema successfully processes your payment and you later challenge such transaction, then Christian Cinema may temporarily revoke your access the content subject to such transaction pending resolution of your challenge, and permanently revoke such access if warranted by resolution of your challenge. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- You may close your Christian Cinema account at any time. If you close your account, however, you will lose access to the Christian Cinema service and to all content that you have rented or purchased through the Christian Cinema service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PURCHASED CONTENT OR UNWATCHED CONTENT. To close your account, please submit a request to Customer Service via the Christian Cinema Help Center (support.christiancinema.com).
Member Account, Password and Security
During the Giving Company websites registration process, you will choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify Giving Company of any unauthorized use of your password or account or any other breach of security
- Ensure that you exit from your account at the end of each session
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or forum postings, or other material (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Giving Company websites. Although Giving Company does monitor Content submitted to the Giving Company websites, Giving Company cannot reasonably guarantee the accuracy, integrity, quality, or suitability of such Content. You understand and agree that by using the Giving Company websites, you may be exposed to Content that is offensive, indecent, or objectionable. You agree to not use the Giving Company websites to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or racially, ethnically, or otherwise objectionable
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, an Giving Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origins of any Content transmitted through the Giving Company websites
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships ( such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party
- Upload , post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- Upload, post, email, transmit otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges
- Interfere with or disrupt the Giving Company websites or servers or networks connected to the Giving Company websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Giving Company websites
- Intentionally or unintentionally violate any applicable local, state, national or international law
- Provide material support or resources ( or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- Stalk or otherwise harass another
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above
Giving Company provides the Giving Company websites for uncompensated, personal, and intangible spiritual and/or religious benefit. You acknowledge that Giving Company may or may not prescreen Content, but that Giving Company and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or remove any Content that is available via the Giving Company websites, for any reason.
You acknowledge, consent and agree that Giving Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce the Terms and Conditions
- Respond to claims that any Content violates the rights of third parties
- Respond to your requests for customer service
- Protect the rights, property or personal safety of Giving Company, its users and the public
You understand that the technical processing and transmission of the Giving Company websites, including your Content, may involve
- Transmissions over various networks
- Changes to confirm and adapt to technical requirements of connecting networks or devices
Global Nature of Communications
You acknowledge that in using the Giving Company websites, you will be causing communications to be sent through Giving Company‘s computer networks, portions of which are located throughout the globe. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate and global communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the Giving Company websites results in interstate and global data transmissions. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Content Submitted or Made Available for Inclusion on the Service
Giving Company does not claim ownership of Content you submit or make available for inclusion on the Giving Company websites. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Giving Company websites, you grant Giving Company the following worldwide, royalty free and nonexclusive license(s) , as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of the Giving Company websites, the license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, and make derivative works of such Content for the purposes of providing and promoting the specific the Giving Company websites area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Giving Company websites and will terminate at the time you remove or Giving Company removes such Content from the Giving Company websites
- With respect to Content other than photographs, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Giving Company websites, the perpetual , irrevocable and fully sub-licensable license to use, distribute reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and make derivative works of such Content ( in whole or part) and to incorporate such Content into other works in any format or medium now known or later developed
- Publicly accessible free content areas of the Giving Company websites are those areas that are intended to be available to the general public. Publicly accessible free content areas of the Giving Company websites would include, but not limited to, message boards, blog comments, community areas, and forums that are open to both members and visitors.
Contributions to the Giving Company websites
By submitting ideas, suggestions, documents, and/or proposals (Contributions) to the Giving Company websites, you acknowledge and agree that:
- Your Contributions do not contain confidential or proprietary information
- Giving Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions
- Giving Company shall be entitled to use or disclose ( or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
- Giving Company may have something similar to the Contribution already under consideration or in development
- Your Contributions automatically become property of Giving Company without any obligation of Giving Company to you
- You are not entitled to any compensation or reimbursement of any kind from Giving Company under any circumstances
Indemnity and Release of Liability
You agree to indemnify and hold Giving Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Giving Company websites, your use of the Giving Company websites, your connection to the Giving Company websites, your violation of the Terms and Conditions, or your violation of any rights of another. You expressly understand and agree that Giving Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make not warranty that:
- the Giving Company websites will meet your requirements
- the Giving Company websites will be uninterrupted, timely, secure or error free
- The results that may be obtained from the use of the Giving Company websites will be accurate or reliable. Under no circumstances will Giving Company be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content made available via the Giving Company websites
You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Giving Company websites is accessed at your own discretion a risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Giving Company websites, use of the Giving Company websites, or access to the Giving Company websites.
General Practices Regarding Use and Storage
You acknowledge that Giving Company may establish, and modify from time to time, general practices and limits concerning the use of the Giving Company websites, including without limitation the maximum number of days that Content will be retained by the Giving Company websites. You agree that Giving Company has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by the Giving Company websites. You acknowledge that Giving Company reserves the right, at its sole discretion, to log off and completely remove accounts that remain inactive for an extended period of time.
Modifications to Service
Giving Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Giving Company websites (or any part thereof) with or without notice. You agree that Giving Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Giving Company websites
You agree that Giving Company may for any reason or no reason and without prior notice, at its sole discretion, immediately terminate your Giving Company accounts and access to the Giving Company websites at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to the Giving Company websites
Dealings with Third Parties
You acknowledge that your dealings with any parties met or found on or through the Giving Company websites are solely between you and such party. You agree that Giving Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Giving Company websites may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Giving Company has no control over, is not responsible for the availability of, and does not endorse and is not responsible or liable for, any Content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Giving Company is not responsible in any way for any damage or loss by or in connection with use of or reliance on any such site or resource.
You acknowledge and agree that the Giving Company websites contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Giving Company, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Giving Company websites, in whole or part.
Limitation of Liability
You expressly understand and agree that Giving Company and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Giving Company has been advised of the possibility of such damages), resulting from:
- Use or the inability to use the Giving Company websites
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Giving Company websites
- Any other matter relating to the Giving Company websites
- Tax Treatment Donations
The “Giving Account” and the monies that fund an individual account are sourced from, provided and owned by Family Christian Resource Centers, Inc. Users and customers of iDisciple app have an opportunity to request all or a portion of an individual account balance to be donated to a qualified 501 c 3 of their choice. However, for tax purposes, this donation is given by Family Christian Resource Centers, Inc. and does not provide a tax deduction to the user making the charity request. Since the donation is given by Family Christian Resource Centers, Inc., the user and customer is not provided a receipt for tax purposes.
Additionally, when using the iDisciple app, a user and customer may make a donation that is funded from their debit/credit card and directed to a qualified 501 c 3 of their choice. iDisciple facilitates this service as a convenience to the user. As part of this service, the donation is actually made to Family Christian Resource Centers, Inc. and passed on to the chosen qualified 501 c 3 less appropriate debit/credit card fees. As well as, for tax purposes, the debit/credit card donor will receive a receipt from Family Christian Resource Centers. Inc. as the nonprofit receiving the donation.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided within these Terms and Conditions, there shall be no third party Beneficiaries to this agreement.
Giving Company may provide you with notices, including those regarding changes to these Terms and Conditions, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Giving Company websites, or other reasonable means now known or hereinafter developed.
The trademarks, logos, service marks, and product and service names related to Giving Company and its outreaches are trademarks of Giving Company. Without prior written permission from Giving Company, you agree not to display or use the Giving Company Marks in any manner.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Giving Company respects the intellectual property of others. We ask our users to do the same, particularly where it pertains to using the Giving Company websites. Giving Company may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to firstname.lastname@example.org:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question.
- Written description of the copyrighted work or other intellectual property that you claim has been infringed
- Written description of where the material that you claim is infringing is located on the Giving Company websites
- Your address, telephone number, and email address.
- Written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are these copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner
Arbitration of Disputes
If you are a United States user, the following mandatory arbitration provisions also apply to you:
- You and Giving Company agree that any dispute, claim or controversy arising out of or relating in any way to the the Giving Company websites platform or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Giving Company are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Giving Company account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Giving Company agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
- You and Giving Company agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Giving Company platform are NOT subject to mandatory arbitration. Instead, you and Giving Company agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Fulton County, Georgia and that applicable Georgia and/or Federal law shall govern, without regard to choice of law principles.
- YOU AND Giving Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void.
- Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Giving Company. Any arbitration costs or fees deemed “excessive” will be paid by Giving Company.
Entire agreement. These Terms and Conditions constitute the entire agreement between you and Giving Company and governs your use of the Giving Company websites, superseding any prior agreements between you and Giving Company with respect to the Giving Company websites. You also may be subject to additional Terms and Conditions.
Choice of Law and Forum. These Terms and Conditions and the relationship between you and Giving Company shall be governed by the laws of the State of Georgia without regard to conflict of law provisions. You and Giving Company agree to submit to the personal and exclusive jurisdiction of the courts within the county of Fulton County, Georgia.
Waiver and Severability of Terms. The failure of Giving Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 provision, and the other provisions of these Terms and Conditions remain in full force and effect.
No Right of Survivorship and Non Transferability. You agree that your Giving Company account is nontransferable, and any rights to your Giving Company account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, Giving Company may terminate your account and permanently delete all contents therein.
Statute of Limitations. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Giving Company websites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles within these Terms and Conditions are for convenience only and have no legal or contractual effect.