Welcome to Effing Fight! The Effing Fight Website and services are provided by Effing Fight, Inc (“Effing Fight”, “we” “us” or “our”). These terms of service (these “Terms of Service”) govern your (“you” or “your”) access to and use of the effingfight.com web site (the “Website”) and all services provided by Effing Fight via the Website including without limitation our free monthly charity donation service (collectively, the “Services”).
Effing Fight provides a free subscription that makes a collective donation to a different organization each month. These causes are chosen by the Effing Fight team and is determined to be in jeopardy under a Trump administration. By registering to join the Effing Fight community, you pledge to make a monthly donation to the featured charities of the month. Access to the Website, use of the Services, and donations to charities are subject to these Terms of Service.
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at Effing Fight effingfight.com/terms.
Effing Fight maintains this Website as a service to the user community that visits the Website subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
You may opt-in to receiving our monthly newsletter when you sign up, or on the website by clicking the envelop icon in the header of the page. You may out-of receiving our monthly newsletter by selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
In your role as a Effing Fight subscriber, each month we will transfer your Donation (as defined below) to our featured charity of that month. Each member, hereby, agrees to donate their monthly donation amount to the Pool each month of your subscription. Each month of your subscription, the selected charity is expected to change.
BY SUBSCRIBING YOU AGREE TO PAY THE DONATION AMOUNT TO A CHARITY EACH MONTH OF YOUR SUBSCRIPTION. We’ve partnered with FJC - a Foundation of Philanthropic Funds, a tax-exempt, 501(c)3 public charity which is administering the Effing Fight Fund. FJC will distribute Effing Fight-raised funds based on our recommendations.
Transaction Fees help to cover Effing Fight’s costs associated with: (i) processing credit card payments; (ii) developing, maintaining and hosting the Website; (iii) providing customer service; (iv) providing a secure system and (v) all the other business expenses, such as legal fees and insurance. When you use the Website to make Donations through Effing Fight you agree that: (i) your Donations will be processed by Effing Fight (or its third party payments service); (ii) Effing Fight will remit the Donation directly to the designated Charity less the Transaction Fees and (iii) your separate Contribution to Effing Fight, if any, will be paid directly to Effing Fight.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
We work hard to build a community to fund worthy charities; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the month to cancel the current month's donation. IF YOU DO NOT CANCEL PRIOR TO THE FIRST DAY OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S DONATION. All cancellation requests received after the first day of a calendar month will apply to the following calendar month.
We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful our business interests or the Charities that we support, or for an inactive account.
IN NO EVENT SHALL EFFING FIGHT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE EFFING FIGHT'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE CONTRIBUTIONS, IF ANY, YOU PAID TO EFFING FIGHT IN THE THEN-PRIOR CALENDAR YEAR.
By using this Website, and our Services, you agree to indemnify, hold harmless and defend Effing Fight from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with the use of this Website, Services, or Products by you.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
Effing Fight does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Effing Fight a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Effing Fight the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Effing Fight will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Effing Fight services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Unless otherwise noted, all Content contained on this Website is the property of Effing Fight and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Effing Fight and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: Copyright Agent, 228 Park Ave S. Suite 62691, New York, NY 10003.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Effing Fight services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE DONATION WITH ANY CHARITIES OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE CHARITIES ARE AUTHENTIC AND OPERATE AS THEY REPRESENT. WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH CHARITY IS WORTHY OF DONATIONS BEFORE PROVIDING THAT CHARITY WITH ACCESS TO OUR SUBSCRIBERS ON OUR WEBSITE, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORHINESS OF THE CHARITIES OF THE INFORMATION THEY PROVIDE VIA OUR WEBSITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED AS THE RESULT OF ANY SUCH DONATIONS OR DEALINGS WITH CHARITIES OR THIRD PARTIES OR BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY DONATION SHALL BE BY RECOVERY THROUGH THE CHARITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, EFFING FIGHT DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT BY MAKING A MONTHLY DONATION THROUGH THE WEBSITE, EFFING FIGHT IS MERELY ACTING AS AN AGENT TO TRANSFER YOUR DONATION TO THE DESIGNATED CHARITY. YOUR DONATION TO THE ORGANIZATIONS LISTED ON THE WEBSITE (INCLUDING CHARITIES, ADVERTISERS, CAUSES, AND OTHERS) ARE SOLELY BETWEEN YOU AND SUCH INDIVIDUALS OR ENTITIES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. YOU AGREE THAT EFFING FIGHT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS OF THIS WEBSITE, OR BETWEEN A USER AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT EFFING FIGHT IS UNDER NO OBLIGATION TO BECOME INVOLVED AND IS NOT SUBJECT TO ANY LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Effing Fight, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Effing Fight of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Effing Fight does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms of Service shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.
Copyright 2017, Effing Fight, Inc. All Rights Reserved.