However, to be eligible to use the application, you must: (1) be at least 18 (or between the ages of 13 and 17 and using the application with parental or legal guardian consent and supervision); (2) have accepted the application and not have been previously restricted, suspended or terminated by us; and (3) not be using another user’s account without his/her permission.
Access to the application from territories where the application is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations regarding your use of the application.
- Our Role: Great Feats allows you to create, participate in, interact with and donate to campaigns, events, and challenge activities of any kind (“Challenges”). The purpose of our application is to help individuals, nonprofits and companies raise awareness and money for causes, but we do not endorse any such individuals, companies or nonprofits or any of their Challenges. The existence of the application is not a solicitation of donations and Great Feats does not engage in any solicitation activities on behalf of any individuals, nonprofits or companies.
- Accurate Information: You agree to: (a) provide accurate information as prompted on the application; and (b) maintain and update such information to keep it accurate. If you — as a customer — provide any information that is inaccurate or Great Feats has reasonable grounds to suspect that such information is inaccurate, Great Feats may suspend or terminate your use of the application and/or decline to permit your continued use of the application and future access to the application. If you — as an end user, donor, participant, fundraiser or individual — provide any information that is inaccurate or Great Feats has reasonable grounds to suspect that such information is inaccurate, Great Feats may suspend or terminate your use of the application and/or decline to permit your continued use of the application and future access to the application.
- Relationship of Great Feats: By using this application, you understand and agree that Great Feats shall not be responsible for any losses or damages incurred as a result of using the application.
1. Ownership of the Application and Application Information: The application and all technology underlying the same are expressly owned and operated by Great Feats. Unless otherwise noted, the design and content features on the application, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “application information”), are owned by Great Feats or its affiliates, if any, or are licensed by Great Feats from third parties. The application, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
a. Trademarks, Logos & Service Marks: The trademarks, logos, and service marks (“Marks”) displayed on the application are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that Great Feats sponsors or with which we are otherwise affiliated. Great Feats’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Great Feats’s express written consent except as permitted by applicable laws. Nothing contained on the application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Great Feats’s express written consent.
b. Permission: No portion of the application or application information may be reprinted, republished, modified, or distributed in any form without Great Feats’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the application or any of the application information.
c. Retaining Copyright, Trademarks or other Notices: You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the application, the application information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the application or in the original application information on any authorized copy you make of the application or the application information.
2. Publicity: The parties: (a) shall cooperate to draft press releases and other public announcements relating to the subject matter of this agreement and the relationship between the parties, and (b) shall not issue any such announcement without the other party’s prior consent, which will not be unreasonably withheld or delayed. In addition, Great Feats may include your approved logo, name, Challenge name and images, and results in its promotional materials and web presence.
3. Feedback: You agree that submission of any ideas, suggestions, documents, and/or proposals to Great Feats through its feedback channels (“Feedback”) is at your own risk and that Great Feats has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Great Feats a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You may send feedback through firstname.lastname@example.org.
4. Use of Application and Application Information: The application and the application information are provided “as is” with all faults. Your use of the application and the application information is at your own risk. The application or application information may contain errors or omission, or may be out of date. The application or application information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the application, you promise to:
a. Use the application in compliance with all laws, regulations, ordinances, directives, court orders applicable to your use of the application;
b. Use the application so as not to damage, disable, overburden or impair the application, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the application; and
c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent. (4) infringe upon the rights, well-being, beliefs, disposition, orientation or lifestyle of another person or persons.
5. Promotions: If you offer promotions, prizes or competition awards as part of your Challenge (“Promotion”), you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion; (c) you may not use the Marks or any other Great Feats intellectual property in the rules or any other materials relating to the Promotion without prior written permission; (f) such Promotion is not marketed to anyone under the age of 18 or the age of majority for the state in which you reside; and (g) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; provided, however, this provision shall not preclude you from conducting a raffle in compliance with the laws of your state. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the application: (i) Great Feats does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Great Feats from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to Great Feats.
6. Content: In using the application, users may have the opportunity to post, stream, transmit or otherwise provide photos, videos, comments, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content on the application (collectively “User Generated Content”). You alone, not Great Feats, are responsible for monitoring the User Generated Content to ensure compliance with the terms and conditions of this Agreement and you retain ownership to all User Generated Content. However, by submitting the User Generated Content to Great Feats, you hereby grant Great Feats a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. Great Feats shall have the right to “roll up” various benchmarking results of your use of the application (“Results”) with results of other customers’ use thereof, for use by Great Feats in the ordinary course of Great Feats’s business such as benchmark reporting. The Results shall be aggregated and anonymized and under no circumstances with the Results be identifiable or tied to any specific donor or user.
a. You warrant to Great Feats for the benefit of Great Feats that the holder of any intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
b. In addition, you represent and warrant to Great Feats that you will not:
i. provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
ii. create any liability for Great Feats or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
iii. engage in any conduct that, in Great Feats’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the application or services;
iv. use the application or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
v. interfere with or disrupt any servers or networks used to provide the application or their respective features, or disobey any requirements of the networks Great Feats uses to provide the application;
vi. gain unauthorized access to the application, or any account, computer system, or network connected to this application or services, by any unauthorized or illegal means;
vii. obtain or attempt to obtain any materials or information not intentionally made available through the application;
viii. use the application to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the application for fundraising activities is expressly permitted;
ix. engage in advertising or commercial solicitation of any product or service without Great Feats’s written consent, except that using the application for fundraising activities is expressly permitted;
x. gather for marketing purposes any email addresses or other personal information that has been posted by other users;
xi. post any identification documents or sensitive information about another person.
c. Great Feats shall have the right, but no obligation, to monitor User Generated Content and other features of the application to determine compliance with these terms and any other operating rules we establish. Great Feats shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the application or services. We do not control any User Generated Content that you or other users may provide. Great Feats neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by Great Feats, our employees, or a third party.
d. Under no circumstances will Great Feats be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the application. Great Feats is not responsible for any offensive, defamatory, obscene or any other posting made through the application. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Great Feats’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at email@example.com.
e. Great Feats is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the application.
7. Suspension or Termination of Your Use of the Application: These terms will commence on the date you accept them (as described above) and remain in full force and effect indefinitely. Provided, however, specific obligations of Great Feats shall be terminated in accordance with this section. Notwithstanding the foregoing, if you used the application prior to the date you accepted the terms, the terms commenced on the date you first used the application. Great Feats has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Great Feats’s sole discretion and that Great Feats shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by Great Feats, you may do so by following the application delete procedures within the application. Your obligations and warranties to Great Feats shall survive all termination hereunder.
8. No Endorsement of Links to Other Web Applications: Any links to other web applications are provided as merely a convenience to you. This application may provide links or references to other web applications but Great Feats has not reviewed all of these other web applications, has no responsibility for the content of such other web applications and shall not be liable for any damages or injury arising from the content from these other web applications. You understand that, except for information, products or services clearly identified as being supplied by Great Feats, we do not operate, control or endorse any information, products or services on the Internet in any way. Great Feats does not endorse or make any representations about these other web applications, or any information or other products or materials found on these other web applications, or any results that may be obtained from using these other web applications. If you decide to access any of these other web applications linked to this application, you do so entirely at your own risk.
9. Donations: Great Feats exists to allow support for registered U.S. nonprofit organizations. When a donor makes a donation on Great Feats, the donation will be processed by a leading payment processor. Great Feats will not store the donor’s credit card or verifying information as part of this process. Donations are unconditional and non-refundable. After a donor submits a donation, the donor will be emailed a donation receipt from Great Feats that may be used for the purpose of determining whether or not the donor may claim a tax deduction. Donations to 501(c)(3) organizations are in general tax-deductible, but Great Feats cannot and does not provide legal or tax advice or make any representation as to the tax deductibility of any specific donation. The nonprofit reserves the right to use donations where the need is greatest.
10. Indemnification: Great Feats will defend you and hold you harmless from and against any third party claim brought against you alleging that your permitted use of the application constitutes an infringement of any third party United States patent, trademark, trade name, trade secret, copyright, or other U.S. intellectual property rights (other than a claim with respect to User Generated Content). If your use of the application hereunder is, or in Great Feats’s opinion is likely to be, enjoined due to the type of infringement specified above, Great Feats may, at its option and expense, obtain a license for the continued use of the application or modify the application so that it provides substantially equivalent functions and is no longer infringing, or, if neither of the foregoing alternatives are implemented, terminate your right to the allegedly infringing application and refund to you any amounts prepaid for such application for the period following such termination.
11. Notice of Claim and Procedure: In case any action shall be brought against you in respect of which indemnity may be sought as set forth in Section 10, you shall promptly notify Great Feats in writing; and Great Feats shall assume the investigation and defense thereto, including the employment of counsel and the payment of all expenses. You shall have the right to employ separate counsel in any such action and participate in the investigation and defense thereof, but the fees and expenses of such separate counsel shall be paid by you unless (i) the employment of such counsel has been authorized by Great Feats in writing; or (ii) Great Feats fails after fifteen (15) calendar days following notice of such action to assume the defense and to employ counsel; or (iii) the named parties to any such action (including any impleaded parties) include both you and Great Feats, and you shall have been advised by such counsel that there may be one or more legal defenses available to you which are different from or additional to those available to Great Feats. If you notify Great Feats in writing that you elect to employ separate counsel in accordance with the foregoing provision at the expense of Great Feats, Great Feats shall not have the right to assume the defense of such action on behalf of you and without limitation on the other obligations of Great Feats, shall pay your attorney’s fees from time to time (but no less frequently than quarterly) during the course of the defense of such action.
12. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER GREAT FEATS NOR ITS SUPPLIERS SHALL BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GREAT FEATS’S LIABILITY FOR ACTUAL DAMAGES WILL NOT IN ANY EVENT EXCEED THE FEES PAID OR PAYABLE BY YOU HEREUNDER DURING THE TWELVE (12) MONTHS PRECEEDING ACCRUAL OF THE UNDERLYING ALLEGED CLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY TO MEET ITS ESSENTIAL PURPOSE.
ADDITIONAL TERMS FOR CUSTOMERS
Any individual, entity or organization that signs up for a license for the application (“customer”) is subject to the following additional terms of these terms that apply specifically to customers.
1. Subscription Signup, Payments and Renewal: When signing up for a paid plan, you will be required to enter a credit card and choose your payment plan type: annual or monthly. All paid plans include a free 30-day trial period. On day 31, your trial ends, and your subscription will become active (“activation date”), and your credit card will be charged for the first time. Thereafter, your subscription will automatically renew each year or each month based on your activation date and the payment plan you chose: annual or monthly (“renewal date”). Your credit card will be charged at each renewal date.
2. Billing Portal: The Billing Portal, which may also be referred to as the Customer Portal, is where you manage your subscription and account information. To access the Billing Portal, go to app,greatfeats.com and log in, then choose Client Login from the dropdown menu, and click on the Billing Portal tab.
3. Nonprofit Annual Fundraising Allowance: Each paid Nonprofit Plan includes an annual fundraising allowance amount for a term of twelve (12) months (“annual fundraising allowance”). The term for the annual fundraising allowance begins at the activation date and continues for twelve (12) months (“annual fundraising allowance term”). The annual fundraising allowance automatically resets at the anniversary of your activation date. Once you reach your annual fundraising allowance, transaction fees for amounts over this allowance will be charged each month to your credit card. For monthly payment plan types, the annual fundraising allowance is annualized, meaning the annual fundraising allowance amount is divided by twelve (12) months to provide you with a monthly fundraising allowance. Any unused monthly allowance is rolled over to the following month. If you downgrade, upgrade or change payment plan types, your annual fundraising allowance amount and annual fundraising allowance term may be reset according to the terms of downgrading, upgrading or cancelling.
4. Upgrading Your Subscription: You may upgrade your subscription at any time by logging into the Customer Portal and selecting the subscription upgrade option. Upgrades are effective immediately in the application, and your credit card will be charged for the prorated difference in subscription plans. Thereafter, your credit card will be charged for the upgraded subscription amount on your renewal date based on your payment plan type: annual payments or monthly payments. If you are on an annual payment plan type, upgrading resets your annual fundraising allowance term and your fundraising allowance amount. If you are on a monthly payment plan type, upgrading does not change your annual fundraising allowance term, but it does increase your fundraising allowance amount.
5. Downgrading Your Subscription: You may downgrade your subscription at any time by logging into the Customer Portal and selecting the subscription downgrade option. Downgrades are effective immediately in the application and any prorated credits will be applied at your next renewal date. If you are on an annual payment plan type, downgrading resets your annual fundraising allowance term and your fundraising allowance amount. If you are on a monthly payment plan type, downgrading does not change your annual fundraising allowance term but it does decrease your fundraising allowance amount.
6. Changing Payment Plan Type: To change your payment plan type (i.e. from monthly to annual payments or from annual to monthly payments) you need to cancel your current plan and sign up for a new plan with the payment plan type you desire. You may do this through the Customer Portal.
7. Cancelling Your Subscription: You may cancel your subscription at any time by logging into the Customer Portal and selecting the subscription cancellation option. Cancellations are effective on the next renewal date, at which time your access to the platform will be terminated, and your credit card will be charged for outstanding charges due. Because subscriptions paid annually receive a discount, payment for any unused portion of a subscription with annual payments will not be refunded.
8. Credit Card Payments: You will provide us with valid credit card information when you sign up, and by signing up you authorize us to deduct the charges you owe against that credit card. You will replace the information for any credit card that expires with information for a valid one. You may change or update your credit card on file at any time through the Customer Portal. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected or disputed.
9. Suspension for Non-Payment: If we are unable to process charges to your credit card, we will attempt to contact you by email and will suspend your account until your payment can be processed. Subscriptions will be suspended for non-payment in the event that the credit card on file cannot be charged and will be given a 30-day grace period in which to replace or update the invalid card on file. If the invalid card is not updated or replaced during this grace period, the account will be suspended. Any donations transacted during the grace period will be charged a transaction fee of 15% if the invalid card is not updated prior to the suspension date. Reactivating a suspended account requires an up-front payment for one month as well as payment for the 30-day grace period in which the account remained active without payment.
10. Nonprofit Plans and Fees: As a Nonprofit, you may license the Great Feats application by signing up for a subscription online at https://www.greatfeats.com/for-nonprofits/. You may choose to pay your plan annually for a 10% discount or pay monthly. Each subscription plan includes an annual fundraising allowance. With Basic, Starter and Pro Plans, you have the option to select one of two payment gateways: Authorize.net or Stripe. You are subject to the terms of the payment gateway you choose.
11. Company Plans and Fees: Great Feats offers Company Plans as outlined at: greatfeats.com/for-companies. You may choose to pay your plan annually for a 10% discount or pay your plan monthly. All company plans include transaction processing through FirstGiving, and you are subject to the terms of FirstGiving. To sign up for a plan, you need to contact Great Feats using our contact form or request a demo form at www.greatfeats.com or by contact us at firstname.lastname@example.org.
12. Changes to Plan Fees and Features: We may change our plan fees and features at any time by posting updates to our website and/or sending you a notification by email. Changes take effect on your next renewal date based on your payment plan: annual or monthly payments.
13. Nonprofit Plan Details
a. Nonprofit Basic Plan: The Great Feats Nonprofit Basic plans allows for unlimited campaigns branded with the organization’s logos, images and colors and enables awareness campaigns individual participant event registration for RWR and DIY events, personal fundraising pages and donation transactions. The Basic Plan also includes a fundraising allowance of $25,000 with no transaction fees from Great Feats (merchant and credit card fees still apply). Transactions in excess of $25,000 conducted through the online donation portal will be subject to a Great Feats transaction fee of 4%.
b. Nonprofit Starter Plan: The Great Feats Nonprofit Starter Plan includes everything from the Basic Plan as well as a branded site, navigation and subdomain and enables team event registration and participation. The Starter Plan also includes a fundraising allowance of $200,000 with no transaction fees from Great Feats (merchant and credit card fees still apply). Transactions in excess of $200,000 conducted through the online donation portal will be subject to a Great Feats transaction fee of 3.5%.
c. Nonprofit Pro Plan: The Great Feats Nonprofit Pro Plan includes everything from the Starter Plan plus additional site branding flexibility and customized messages for participants and donors. The Pro Plan also includes a fundraising allowance of $500,000 with no transaction fees from Great Feats (merchant and credit card fees still apply). Transactions in excess of $500,000 conducted through the online donation portal will be subject to a Great Feats transaction fee of 3.25%.
14. Company Plan Details
a. Company Starter Plan: The Great Feats Company Starter Plan allows for unlimited campaigns with a branded site, navigation and subdomain and enables awareness campaigns, individual and team participant event registration for RWR and DIY events, personal fundraising pages and donation transactions.
b. Company Pro Plan: The Great Feats Company Pro Plan includes everything from the Starter Plan plus additional site branding flexibility and customized messages for participants and donors.
15. Support: You may submit questions or issues to Great Feats by submitting a support ticket at https://greatfeats.freshdesk.com/support/home or emailing email@example.com or using the Support link at greatfeats.com. You may access our online knowledge base at https://greatfeats.freshdesk.com/support/solutions or by using the FAQs link at www.greatfeats.com. You will, at your own expense, respond to questions from end users or third parties related to your use or your end users’ use of the application and will use reasonable efforts to resolve issues before submitting support tickets to Great Feats. Great Feats will use commercially reasonable efforts to provide you with support and maintenance for the application and resolve issues as quickly as possible. Great Feats reserves the right, in Great Feats’s reasonable discretion, to temporarily suspend your access to and use of the application: (a) during planned downtime for upgrades and maintenance to the application (of which Great Feats will use commercially reasonable efforts to notify you in advance through our application) (“Planned Downtime”); (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or (c) if we suspect or detect any malicious software connected to your account or use of the application by you, your agents, affiliates or end users. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Central Standard time zone) and other off-peak hours.
16. Customer Data: The customer will have access to all of their donor and participation data while their subscription remains active. In the event the customer terminates their use of the Great Feats platform, Great Feats will store this data for a period of twelve (12) months from the termination date as long as the customer has no outstanding charges due.
1. Indemnification: You agree to indemnify, defend and hold Great Feats and its affiliates, if any, officers, directors, employees and agents, (“Great Feats Parties”) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the application or the application information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in Great Feats’s defense of any claim.
2. Notice of Claim and Procedure: In case any action shall be brought against any party in respect of which indemnity may be sought hereunder, the party seeking indemnity shall promptly notify the indemnifying party in writing; and the indemnifying party shall assume the investigation and defense thereto, including the employment of counsel and the payment of all expenses. The party seeking indemnity shall have the right to employ separate counsel in any such action and participate in the investigation and defense thereof, but the fees and expenses of such separate counsel shall be paid by the party seeking indemnity unless (i) the employment of such counsel has been authorized by the indemnifying party in writing; or (ii) the indemnifying party fails after fifteen (15) calendar days following notice of such action to assume the defense and to employ counsel; or (iii) the named parties to any such action (including any impleaded parties) include both the party seeking indemnity and an indemnifying party, and the party seeking indemnity shall have been advised by such counsel that there may be one or more legal defenses available to it which are different from or additional to those available to the indemnifying party. If the the party seeking indemnity notifies the indemnifying party in writing that the party seeking indemnity elects to employ separate counsel in accordance with the foregoing provision at the expense of the indemnifying the party, the indemnifying party shall not have the right to assume the defense of such action on behalf of the party seeking indemnity and without limitation on the other obligations of the indemnifying party, shall pay the attorney’s fees of the party seeking indemnity from time to time (but no less frequently than quarterly) during the course of the defense of such action.
3. Disclaimer: You acknowledge that you are using the application at your own risk. The application and the application information are provided “as is,” and to the full extent permitted by applicable law, Great Feats, its affiliates and subsidiaries, if any, and its third party service providers, suppliers and vendors hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy or merchantability (except as set forth in this Agreement). Great Feats, its affiliates and subsidiaries, if any, and its third party service providers, suppliers, and vendors do not represent or warrant that access to the application or the application information will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of application or application information. Great Feats assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any user generated content) or user communications.
4. Limitation on Liability: Great Feats, its affiliates and its subsidiaries, if any, and its third party service providers, suppliers, and vendors shall not be liable to you or any third parties for any indirect, special, consequential or punitive damages arising out of these terms, any donations through the application, your access to or inability to access the application or the application information, including without limitation for viruses alleged to have been obtained from the application, your use of or reliance on the application, the application information or materials available through third party applications linked to application, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. You and Great Feats agree that any cause of action arising out of or related to the terms, the application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
5. Security: We use commercially reasonable methods to maintain the security of the application, consistent with industry standards. While maintaining the security of your information is of the utmost importance to us, you should be aware that no security measures are 100% secure. You should take all appropriate precautions with your information. By using the application, you assume the risk that the confidentiality of your information may be breached. In addition, to the extent that you visit websites that are linked to from the application, we have no control over those websites and cannot guarantee the security of your information thereon.