PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
CloseGap ("CloseGap") requires that all visitors ("you") to its site, CloseGap, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" refers to CloseGap unless otherwise indicated.
What is CloseGap?
CloseGap is a 501(c)(3) not-for-profit corporation. CloseGap aims to close the income achievement gap and drive educational equity by developing an online marketplace where disadvantaged students identify basic material resources they need and individuals, or donors, purchase them. The Sites provide you with access to an online collection of information, materials and services related to CloseGap and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
By using the Sites, you represent and warrant that:
1. All information you submit is truthful and accurate;
2. You are 18 years of age or older or have received parental consent and supervision when using the Sites;
3. Your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be TERMINATED without warning if we believe you are in violation of any of these conditions. Use of the Sites is void where prohibited.
By creating an account as a Donor, you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old, you are acting with parental consent and under parental supervision;
2. All information you provide to CloseGap is accurate, and you will update the information to keep it accurate;
3. Any donation you make is legal in your jurisdiction;
4. You are not a registered sex offender.
Services Provided by CloseGap
By creating an account as a Student, you promise that:
1. You are a student in the United States, living in a household deemed low-income, operating below the poverty line or are homeless or a low-income foster youth as indicated by the Federal Poverty Guideline.
2. You are between the ages of 5 and 17 years old.
Rights You Grant to CloseGap
CloseGap has the right to request, review and verify income information of each Student to ensure they meet the income eligibility requirements. CloseGap reserves the right to exclude any Students from use of the Sites, in CloseGap's sole discretion.
Making Donations through CloseGap.
CloseGap is a non-profit marketplace that unites Students and Donors to ensure every student has what they need to do well in school. 100% of each donation made through CloseGap is used to purchase the specific item for which it was given, unless the Donor indicates that a specific portion of the donation may be used for operational purposes. All donations are tax deductible to the fullest extent allowed by law. All donations made through CloseGap Sites and to CloseGap as a 501(c)(3) not-for-profit corporation are non-refundable.
Content & Use of the Sites
You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA. All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although CloseGap cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. CloseGap retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOSEGAP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CloseGap MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL CLOSEGAP, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES, OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE CLOSEGAP AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT CLOSEGAP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT CLOSEGAP AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY CLOSEGAP OR AN AUTHORIZED CLOSEGAP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Student account, as applicable, and stopping all use of the Sites. CloseGap may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
If you have any questions about the Sites or this UA, you may contact us at firstname.lastname@example.org
This User Agreement was last updated on 11/07/2017.