Terms of Service
Please read these terms of service ("Terms") carefully before using the http://www.powerofdeduction.com website ("Service") operated by Power of Deduction, LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which apply to all access to or use of the Service. By accessing or using the Service you agree to be bound by these Terms. These Terms were last updated June 18, 2017.
Making a Gift
You agree that any donations you make to us while using the Service are motivated by detached and disinterested generosity and are not in exchange for any consideration of any kind. You agree that upon making a donation, all right, title, and interest in and to the gifted funds passes to us in its entirety. While we expect to use all funds we receive via gift to help support our next monthly contribution to a charitable organization serving the causes our donors designate, you recognize that we are not and shall not become legally bound to do so under any theory whatsoever, and that final authority as to the use of all such funds rests exclusively with us.
As between you and us, we own all rights in and to the name "Power of Deduction, LLC" and all of our trademarks, patents, copyrights, trade secrets, and other intellectual property assets of all kinds ("IP"). You have a limited license to use all of the IP solely to the extent such license is legally necessary for your use of the Service. Such license does not, for the avoidance of doubt, include the right to make use of the methods or practices described in the Service outside of the Service, which rights we hereby expressly reserve, together with all other rights in the IP, in their entirety.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that we do not own or control. We assume no responsibility for the content, privacy policies, or practices of such third party web sites or services, and 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 your use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AND ALL METHODS AND PRACTICES DESCRIBED THEREIN AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE WE ALWAYS ATTEMPT TO MAKE THE SERVICE SAFE TO USE, WE DO NOT WARRANT THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICE OR MAKING USE OF THE METHODS DESCRIBED THEREIN. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Termination of Access
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination of your access to the Service shall do so, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE SHALL BE TO DISCONTINUE YOUR USE THEREOF. WHILE WE ACCEPT NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO US, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, MEMBERS, EMPLOYEES, AGENTS, MANAGERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, death, or personal injury caused by our negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions, and any disputes between you and us related to your use of the Service shall be subject to binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Los Angeles, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding your use of the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If at any time you do not consent to these Terms or any modified version hereof in effect at the time of your disagreement, you shall stop using the Service immediately.
If you have any questions about these Terms, please contact us.
We receive and review industry-standard analytics regarding aggregated and individualized usage of the Service which does not include any personally identifiable information. In the event you utilize the form on the Sevice's "Contact Us" or "Gift Registries" pages to send us a communication or use the Service to make a gift to us, we will receive and use commercially reasonable efforts to protect whatever personally identifiable information you provide in connection therewith. Except as set forth in the following sentence, we will not use or authorize others to make any use of such information for any purpose beyond that for which you provided it to us without your express consent in each instance. We may use information you provide to contact you regarding issues with your gift, send you updates regarding a charitable contribution we have made in connection with it, or for other purposes, but we will not divulge your information to third parties (except those engaged in the processing of the communications just described, and then only as necessary or helpful to effectuate the transmission of the communication) unless you specifically authorize us to do so. We rely on third parties to process your gifts to us. While these third parties are reputable and upstanding companies within the payment processing industry, we assume no liability for their practices.