Terms of Service

Last updated: December 21, 2020

Thanks for using Impactree.com! These terms of service (“Terms“) cover your use and access to the Impactree.com website (“Services“), and this agreement is made with Impactree.com. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy below outlines your responsibilities when using our Services. By accepting our Terms or otherwise using our Services, you’re agreeing to be bound by these Terms and the Acceptable Use Policy, including the mandatory arbitration provision and class action waiver.

Our Services are only intended for use in the United States of America and Canada, and are not intended and may not be used for commercial purposes or by people under the age of 13.

Your Contacts & Your Permissions

When you use our Services, you may refer your contacts to Impactree.com. These Terms don’t give us any rights to Your Contacts except for the limited rights necessary to offer the Services.

In order to provide the Services, including facilitating your emails, social media posts, texts or calls to Your Contacts and providing other features of our Services, our systems may need to track contacts you refer to Impactree.com.  in the Website, you give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities and Conduct

You’re responsible for your conduct. You must comply with our Acceptable Use Policy, which is a part of these Terms.

We may review your conduct for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the texts, calls, or other contacts people make via the Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations.

License

So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Impactree.com Website (the “Website“), solely to access the Services and to use the Services solely for your informational, noncommercial, and personal use. To the extent any component of the Services may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. In addition, such license does not include: (a) any resale or commercial use of the Services or any materials contained therein; (b) modifying or otherwise making any derivative uses of the Services or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; or (d) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright laws and applicable communications regulations and statutes. This license is revocable at any time

Our Stuff

The Services are protected by copyright, trademark, and other U.S. laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, or Impactree.com trademarks, logos and other brand features, other than the limited license granted above. We welcome feedback, but note if you submit comments, questions, suggestions, ideas, or other feedback to us by any means (“Feedback”) you understand and agree that we have the unlimited right to use and exploit such Feedback in any manner without any obligation to you.

Spam

You are fully responsible for all calls, emails, messages, and other communications that you make in connection with your use of the Website. If you believe that you are being contacted inappropriately or illegally through or because of our Services, please contact us at [email protected]

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice to you in our sole discretion at any time.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee.

TO THE FULLEST EXTENT PERMITTED BY LAW, IMPACTREE.COM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR YOUR USE THEREOF. THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS,” “AS AVAILABLE” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO-THIS INCLUDES ANY LIABILITY FOR IMPACTREE.COM OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL IMPACTREE.COM, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS, EMPLOYEES OR AGENTS (THE “NDP PARTIES”) BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT IMPACTREE.COM OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NDP PARTIES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $1.00 USD, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION.

Arbitration

Read this section carefully. It requires you to waive your right to a jury trial and arbitrate certain disputes and claims and prohibits class or representative actions or arbitrations.

Except for an individual action in small claims court, or disputes regarding intellectual property, the parties agree to waive any rights to a jury trial and to resolve any disputes by confidential binding arbitration held in San Francisco, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. The Parties will maintain the confidentiality of any proceedings, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein.

NO CLASS ACTIONS. Any dispute related to these Terms or our Services will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

The parties agree that these Terms affect interstate commerce and that the enforceability of this section will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.

For any arbitration you initiate, you will pay the filing fee and Impactree.com will pay the remaining JAMS fees and costs. For any arbitration initiated by Impactree.com, Impactree.com will pay all JAMS fees and costs. You and Impactree.com agree that the courts of the District of Columbia and the United States sitting in the District of Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing us at [email protected]. To be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration.

If any portion of this arbitration section is found to be unenforceable for any reason, the unenforceable provision shall be severed from these Terms, and such severance shall have no impact on the remainder of the arbitration section or the parties’ ability to compel arbitration of claims on an individual basis pursuant to this section.

Controlling Law

These Terms will be governed by the law of the State of California except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and Impactree.com with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Impactree.com’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Impactree.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time at any time in our sole discretion, including to better reflect:

  1. changes to the law,
  2. new regulatory requirements, or
  3. improvements or enhancements made to our Services.

If you don’t agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Acceptable Use Policy

You agree not to misuse the Impactree.com Website (“Services“) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • send unsolicited communications, promotions or advertisements, or spam;
  • use the Services for commercial purposes;
  • use the Services in connection with electoral fraud;
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services;
  • sell the Services;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.