IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE INSPIRED PLATFORM.
NOTE THAT DISPUTES ABOUT THIS AGREEMENT OR RELATING TO THE INSPIRED PLATFORM GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. SEE SECTION 24 OF THIS AGREEMENT FOR MORE DETAILS.
1. Description of Inspired Platform
Inspired offers a service through which Users can create personal accounts, search for U.S. based charities, and designate contributions for donor companies via the Inspired Shopify App or another third-party platform.
The specific features and functionality of the Inspired Platform are dynamic and may change from time to time. Inspired will make every reasonable effort to provide information that is accurate or up-to-date, but cannot guarantee that the information provided through the Inspired Platform is accurate or up-to-date.
Important Note About Third Party Websites and Materials. Inspired does not control, own, manage, endorse, advocate for, or operate any of the third party organizations, materials or services that may be accessed or provided through the Inspired Platform, including any charitable organization, brand partner website or payment processor. Inspired acts solely as a service to help facilitate Users’ ability to locate and designate contributions to charities of their choice. For more information about our relationship with such third party websites and third party materials, please see Section 15.2.
2. Scope and Acceptance
Anyone who accesses or uses the Inspired Platform is a “User.” This Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Inspired Platform and use of any and all information or data of any kind arising from access to, or use of, the Inspired Platform, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.
3. Eligibility and Access
If you are accessing or using the Inspired Platform on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to this Agreement.
The Inspired Platform is not intended or authorized for use by persons under the age of thirteen (13). By using the Inspired Platform, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of this Agreement. If Inspired believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by this Agreement, Inspired may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Inspired Platform (or any portion, aspect, or feature of it), or (ii) delete any content or information that you have posted through the Inspired Platform.
Inspired reserves the right to deny access to the Inspired Platform at our discretion and for any reason, including any breach of this Agreement.
4. Account Information and Security
We reserve complete and sole discretion with respect to the operation of the Inspired Platform. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Inspired Platform at any time.
7. Inaccuracies on the Inspired Platform
It is possible that the Inspired Platform could include inaccuracies or errors and that additions, deletions, or alterations could be made to the Inspired Platform by unauthorized third-parties. Although Inspired make all reasonable efforts to provide information that is accurate and up-to-date and to ensure the integrity of the Inspired Platform, we cannot guarantee that information provided through the Inspired Platform is accurate or up-to-date and cannot guarantee the completeness, correctness, or accuracy of the Inspired Platform or any of the content on the Inspired Platform. If you believe any portion of the Inspired Platform includes an error or inaccuracy, please notify us.
8. Availability of the Inspired Platform
It is not possible to operate the Inspired Platform with 100% guaranteed uptime. Inspired will make reasonable efforts to keep the Inspired Platform operational. However, certain technical difficulties, routine site and/or app maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Inspired Platform. In addition, Inspired reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Inspired Platform, with or without notice.
You agree that Inspired shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Inspired Platform.
9. Technical Requirements
Use of the Inspired Platform requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Inspired Platform, including from any notifications provided by the Inspired Platform. Inspired does not guarantee that the Inspired Platform will be compatible with all devices or will be supported by all mobile carriers. In order to claim your Inspired account for member benefits, you will be required to authenticate with a cryptocurrency wallet.
The name “Inspired” and the “Inspired” logos are trademarks of Inspired in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use Inspired’s name, logos, trademarks or other intellectual property displayed on the Inspired Platform except as expressly provided herein or by obtaining the written permission of Inspired or such other third party owner, as applicable. You acknowledge that Inspired will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution
11. Inspired Proprietary Rights
The Inspired Platform is owned and operated by Inspired. As between you and Inspired, Inspired owns and retains all proprietary rights in the Inspired Platform. The hardware, software, content, text, photographs, visual interfaces, interactive features, information, trademarks, logos, graphics, music, design, artwork, compilation, computer code, products, software, services, structure and “look and feel” of this content and all other elements of the Inspired Platform (“Inspired Materials”), is owned, controlled or licensed by or to Inspired, and is protected by copyright, trade dress, patent, trademark, unfair competition, and other intellectual property laws of the United States and other countries and jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Inspired Materials, including intellectual property rights therein and thereto, are the property of Inspired or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, reproduce, republish, upload, modify, publicly perform or display, encode, translate, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Inspired Materials, without Inspired’s express prior written consent. Inspired reserves all rights not expressly granted to you in this Agreement. You shall not acquire any right, title or interest to the Inspired Materials, whether by implication, estoppel, or otherwise, except for the limited rights expressly granted to you in this Agreement. You understand that Inspired will aggressively enforce its intellectual property rights with respect to its Inspired Materials to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Notwithstanding the foregoing, you may view, download, print, and copy Inspired Materials for your own personal, informational use, provided that (i) you do not modify the Inspired Materials and (ii) you retain all copyright and proprietary notices originally contained in the Inspired Materials on any copies.
12. User Feedback
You acknowledge that any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Inspired with respect to the Inspired Platform are and shall remain the sole and exclusive property of Inspired. Inspired shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you.
13. Permitted Use
You expressly acknowledge and agree that the content accessible within the Inspired Platform that is not expressly designated as being provided by a third party is the property of Inspired and its content providers, and Inspired and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Inspired Platform and related materials solely for your own personal use in accordance with the license scope and use restrictions specified in this Agreement. Except as expressly provided, all rights are reserved.
You agree not to use the Inspired Platform or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will not do, or attempt to do, any of the following, unless expressly authorized by Inspired to do so:
(a) alter or modify the Inspired Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Inspired Platform, or any portion thereof, except to the extent required for the limited purpose of reviewing material on or interacting with the Inspired Platform;
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Inspired Platform, or related materials;
(c) remove or modify any proprietary notice or labels on the Inspired Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;
(d) use the Inspired Platform for any non-authorized commercial purpose or any illegal purpose, including any comparative or competitive research purposes;
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by Inspired or any third party;
(f) use the Inspired Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
(g) access or use any password-protected, secure, or non-public areas of the Inspired Platform, or access data on the Inspired Platform not intended for you, except as specifically authorized in writing by Inspired;
(h) impersonate or misrepresent your affiliation with any person or entity;
(i) use any automated means to access or use the Inspired Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Inspired Platform, or portions thereof, in things (e.g., deep linking, framing, scraping, etc.), without our express written permission;
(j) attempt to or actually disrupt, impair, or interfere with the Inspired Platform, or any information, data, or materials posted and/or displayed by Inspired;
(k) attempt to probe, scan, or test the vulnerability of the Inspired Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Inspired Platform or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Inspired Platform other than as intended; or
(m) attempt to interfere with or disrupt access to or use of the Inspired Platform by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
(n) post any content to the Inspired Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, ethnicity or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to Inspired’s mission; or
(o) use the Inspired Platform in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
14. User Content
Inspired may, at our sole discretion, permit Users to post, upload, publish, submit, or transmit photos, diagrams, text, testimonials, reviews, videos, sounds, images, or information (collectively, “User Content”). By making available any User Content on or through the Inspired Platform, you hereby grant Inspired a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Inspired Platform. Inspired does not claim any ownership rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Inspired Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Inspired Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Inspired the rights in such User Content, as contemplated under this Agreement; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or Inspired’s use of the User Content (or any portion thereof) on, through, or by means of the Inspired Platform will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) all User Content complies with the Permitted Uses enumerated above in Section 13 of this Agreement. In addition, you agree to indemnify Inspired for any violation of the Inspired Agreement in accordance with the Indemnity provisions below.
You also agree that Inspired may, but has no obligation to, review or monitor this User Content and may remove or alter any materials that you submit in its sole discretion at any time for any reason.
15. Third Party Content
The Inspired Platform may contain or display various materials and content from third parties (“Third Party Materials”). The display on or through the Inspired Platform of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Inspired of any third party or any affiliation between any such third party and Inspired. Furthermore, in using and accessing the Inspired Platform, you agree that Inspired is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Inspired’s display of specific Third Party Materials does not suggest a recommendation by Inspired of the third party or any products, services, websites, applications, or plans offered. Your interaction with any third party accessed through the Inspired Platform (whether online or offline) is at your own risk, and Inspired will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
15.2 Third Party Links and References
The Inspired Platform may also contain references or links to Third Party Materials and websites and/or applications not controlled by Inspired, including third party payment processors and other third party sites and/or apps accessible or linked from the Inspired Platform (collectively “Third Party Providers”). Inspired provides such information and links solely as a convenience to you and such links and references should not be considered endorsements or recommendations of such sites and/or apps or any content, products or information offered on such sites and/or apps. You acknowledge and agree that Inspired is not responsible for the information or content contained in any Third Party Materials or on any sites and/or apps of any Third Party Providers. You agree that Inspired is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Materials or on the sites and/or apps of any Third Party Providers. If you access, visit, or use any Third Party Materials or the sites and/or apps of any Third Party Providers, you do so at your own risk. We encourage you to review the policies and agreements of any Third Party Providers you choose to access or use, as their agreements may differ from ours.
16.1 “AS IS” DISCLAIMER
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. INSPIRED DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; AND (B) ANY DESIGNATE CONTRIBUTIONS FOR DONOR COMPANIES MADE THROUGH THE PLATFORM AND/OR ANY OTHER PRODUCTS OR SERVICES OFFERED THROUGH THE PLATFORM, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. INSPIRED MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. INSPIRED ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16.2 CHARITABLE DONATIONS DISCLAIMER
ALL DONATIONS MADE BY RETAIL PARTNERS UTILIZING THE PLATFORM WILL BE MADE TO PAYPAL GIVING FUND (“PPGF”), AN IRS-REGISTERED 501(C)(3) PUBLIC CHARITY THAT USES PAYPAL TECHNOLOGY TO GRANT FUNDS TO SELECTED CHARITIES. AS MORE FULLY SET FORTH IN THE PPGF DONATION DELIVERY POLICY, WHILE PPGF TAKES ALL REASONABLE STEPS TO ATTEMPT TO GRANT DONATED FUNDS ACCORDING TO THE RECOMMENDATION PROVIDED, PPGF RETAINS EXCLUSIVE LEGAL CONTROL OVER ALL DONATIONS. IN THE RARE CASES WHEN A CHARITY FAILS TO MEET THE TERMS OF PPGF’S NONPROFIT CERTIFICATION POLICY AND/OR FAILS TO MEET PPGF'S DUE DILIGENCE STANDARDS AS DESCRIBED IN THE NONPROFIT CERTIFICATION POLICY FOR RECEIPT OF A DONATION AT ANY TIME, PPGF RESERVES THE RIGHT TO REASSIGN FUNDS TO ANOTHER CHARITABLE ORGANIZATION OF ITS CHOICE. PPGF MAY ALSO REASSIGN DONATIONS IN THE EVENT IT IS UNABLE TO DISTRIBUTE THE FUNDS SUCCESSFULLY (E.G., THE CHARITY FAILS TO CASH THE CHECK(S) PPGF SENDS). THE LENGTH OF TIME IT TAKES TO GRANT DONATED FUNDS TO CHARITIES IS SET FORTH IN PPGF’S DONATION DELIVERY POLICY. DONATIONS ARE MADE BY INSPIRED’S BRAND PARTNERS, AND THEREFORE ARE NOT CONSIDERED TAX-DEDUCTIBLE DONATIONS OF THE BRAND PARTNERS’ CUSTOMERS.
INSPIRED DOES NOT OVERSEE, MANAGE, OR OTHERWISE CONTROL PAYPAL GIVING FUND. BY USING THE PLATFORM YOU EXPRESSLY ACKNOWLEDGE THAT INSPIRED ASSUMES NO LIABILITY AND SHALL HAVE NO LIABILITY FOR THE ACTIONS OF PAYPAL GIVING FUND FOR ANY DONATIONS MADE THROUGH THE PLATFORM.
PLEASE NOTE THAT ALL DONATIONS MADE THROUGH THE PLATFORM ARE GRANTED TO CHARITABLE ORGANIZATIONS AS UNRESTRICTED GRANTS. NEITHER INSPIRED OR OUR BRAND PARTNERS MONITORS OR CONTROLS ANY OF THE CHARITABLE ORGANIZATION’S ACTIVITIES, AND NEITHER SHALL BE RESPONSIBLE, IN ANY MANNER FOR FORM, FOR THE USE OR NON-USE OF ANY DONATIONS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL INSPIRED OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE PLATFORM; OR (B) ANY SERVICES PROVIDED VIA THE PLATFORM, INCLUDING DESIGNATION OF CONTRIBUTIONS MADE THROUGH THE PLATFORM AND/OR ANY OTHER PRODUCTS OR SERVICES OFFERED THROUGH THE PLATFORM, OR ANY PORTION THEREOF, EVEN IF INSPIRED OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF, DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN ONE HUNDRED U.S. DOLLARS ($100)
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH USE OF THE INSPIRED PLATFORM. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS INSPIRED, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE INSPIRED PLATFORM.
You agree that Inspired may, in its sole discretion and without prior notice, terminate your access to or use of any of the Inspired Platform at any time and for any reason, with or without cause. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Inspired for which monetary damages would be inadequate. You consent to Inspired obtaining any injunctive or equitable relief that Inspired deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Inspired may have at law or in equity. You agree that Inspired will not be liable to you or to any third party for termination of your access to, or use of, the Inspired Platform as a result of any violation of the Agreement or for any reason at all
20. Copyright Infringement
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. We may remove material from the Inspired Platform that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on the Inspired Platform without authorization, you may notify our copyright agent at the address below, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
(d) your name, mailing address, telephone number, and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Inspired of claimed copyright infringement, please contact us at:
P.O. Box 31
Manhattan Beach, CA 90267
21. Modifications and Updates
At any time and at Inspired’s sole discretion, we may add, delete, or modify this Agreement or the Inspired Platform or any functionality provided through the Inspired Platform without liability to you. If Inspired materially modifies these terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Inspired Platform for the first time after such material changes are made. No modifications to this Agreement will apply to any dispute between you and Inspired that arose prior to the date of such modification. Your use of the Inspired Platform after modifications to this Agreement become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of this Agreement, then you agree that your sole and exclusive remedy is to discontinue any use of the Inspired Platform.
Inspired may also from time to time provide enhancements or improvements to the features and/or functionality of the Inspired Platform, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are subject to the terms and conditions of this Agreement. Updates may modify or delete certain features and/or functionalities of the Inspired Platform. You acknowledge and agree that Inspired has no obligation to (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities.
22. Access and Use Where Prohibited
Access to and use of the Inspired Platform are unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this Section.
23. International Use
Inspired makes no representation that the Inspired Platform or any aspect thereof will be available or appropriate for use in locations outside of the United States. Those who choose to access the Inspired Platform from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Users are responsible for compliance with all United States export laws and regulations when exporting any products, services, content, or materials provided through the Inspired Platform.
24. Governing Law And Forum For Disputes
This Agreement, and your relationship with Inspired under this Agreement, shall be governed by the laws in effect in the State of California, without regard to its conflict or choice of laws provisions. Any dispute with Inspired, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts within the State of California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Inspired may seek such relief in any court with competent jurisdiction over the parties. You and Inspired each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in San Francisco County, California.
YOU AND INSPIRED AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR INSPIRED WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR INSPIRED ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND INSPIRED FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, INSPIRED, AND ALL PARTIES TO ANY SUCH PROCEEDING.
You agree that our failure to enforce any legal right or remedy provided by this Agreement do not constitute a formal waiver of our rights or remedies and that those rights or remedies will still be available. Any covenant, agreement, representation or warranty made in this Agreement expressly indicated as surviving the termination of our relationship with you shall survive the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Inspired regarding the Inspired Platform, and supersede all other previous agreements, including any prior version of this Agreement. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Inspired. Any purported assignment or delegation by you without the appropriate prior written consent of Inspired will be null and void. We may assign this Agreement or any rights hereunder without your consent. The Inspired Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Inspired to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Inspired Platform or any portion of the Inspired Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Inspired Platform provides. No joint venture, partnership, employment, or agency relationship exists between you and Inspired as result of this Agreement or your utilization of the Inspired Platform.
26. Contacting Inspired
For questions related to this Agreement, or for questions related to the Inspired Platform please contact us at: email@example.com or P.O. Box 31 Manhattan Beach, CA 90267
This Agreement is accepted upon your use of the Inspired Platform and is further affirmed by you each time you access or use the Inspired Platform. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Effective Date of this policy: April 26, 2022