Terms of Use

Last Updated: [Insert Date]

Welcome to Switch4Good, Inc. (“Switch4Good,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website www.switch4good.org (the “Site”) and any content, features, programs, campaigns, merchandise, donations, or services provided by or through the Site (collectively, the “Services”).

Please read these Terms carefully before using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Eligibility

By using the Site, you represent that you are at least 18 years old or are using the Site under the supervision and consent of a parent or legal guardian. If you are under 13, you may not use the Site or submit any personal information.

2. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Material changes will be communicated via email or a prominent notice on the Site. Continued use of the Site after any changes constitutes acceptance of the revised Terms.

3. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using the Site, you agree to the terms of the Privacy Policy.

4. Ownership and Intellectual Property

All content, features, text, graphics, logos, images, videos, data, software, and other materials on the Site (collectively, the “Content”) are owned by or licensed to Switch4Good and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. Except as expressly permitted, you may not copy, reproduce, distribute, display, publish, transmit, create derivative works from, or otherwise exploit any Content without our prior written permission.

“Switch4Good” and our logos are trademarks of Switch4Good, Inc. All other trademarks, product names, and logos are the property of their respective owners.

5. Acceptable Use and Prohibited Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:

Use the Site in any way that violates any applicable law or regulation
Attempt to gain unauthorized access to any portion of the Site, server, or network
Interfere with or disrupt the Site’s functionality or security
Use automated means to access or scrape data from the Site
Post or transmit any malicious code, viruses, or harmful content
Impersonate any person or entity or misrepresent your affiliation
Use the Site to harass, defraud, or harm others

We reserve the right to terminate your access to the Site for any violation of these Terms.

6. User-Generated Content

Some areas of the Site may allow you to submit or upload content such as comments, testimonials, stories, images, or other materials (“User Content”).

By submitting User Content, you grant Switch4Good a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, distribute, modify, adapt, publish, display, and create derivative works from such content for any purpose related to our mission, campaigns, and Services.

You represent and warrant that:

You own or have the necessary rights to submit the User Content.
Your User Content does not infringe or violate any third-party rights or applicable law.
Your User Content does not contain harmful, obscene, defamatory, or unlawful material.

We reserve the right (but not the obligation) to review, remove, or refuse to display any User Content at our discretion.

7. Donations, Purchases, and Payments

We may offer opportunities to make donations or purchase merchandise through the Site. By submitting payment information, you authorize us and our third-party payment processors to process your transaction. All donations are final and non-refundable unless otherwise required by law.

We do not guarantee the availability of any product or service and reserve the right to modify or discontinue offerings at any time.

8. Third-Party Links and Services

The Site may include links to third-party websites, tools, or services. We do not control and are not responsible for the content, policies, or practices of those third parties. Accessing them is at your own risk.

9. Indemnification

You agree to indemnify, defend, and hold harmless Switch4Good and its officers, directors, employees, affiliates, partners, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your violation of these Terms
Your misuse of the Site or Services
Your User Content

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWITCH4GOOD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

12. Arbitration and Class Action Waiver

Please read this section carefully — it affects your legal rights.

You and Switch4Good agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.

No Class Actions: You and Switch4Good agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

This arbitration clause does not apply to claims seeking injunctive relief related to intellectual property rights or unauthorized use of the Site.

13. Governing Law and Jurisdiction

These Terms and any disputes arising under them shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Subject to the arbitration provision above, any legal action shall be brought exclusively in the state or federal courts located in Orange County, California.

14. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16. Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Switch4Good. Each party acts as an independent contractor.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements posted on the Site, constitute the entire agreement between you and Switch4Good regarding your use of the Site.

18. Contact Us

If you have any questions about these Terms, please contact us at:
Email: [email protected]
Mail: Switch4Good, Inc., 2322 Somersly place, Louisville, KY 40245