YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT THE ONMYWAY FOUNDATION 501C3 MAKES FROM TIME TO TIME. If you do not agree to this ToU, you may not use the Site or the Service.
You Must Follow the Local laws and regulations in your local area.
The The OnMyWay Foundation 501(c)3 Site provides certain contests on the Site (Campaigns) for a chance to win Contests (Prizes) and receive rewards traditionally unavailable to the general public. Participants may enter Campaigns by creating an Account (defined below) and by either using The OnMyWay Foundation 501c3’s Free Alternate Methods of Entry, by making a donation, or by using any other free to use mechanisms that we provide from time to time. No purchase, payment or other financial contribution is necessary to enter or win a Campaign and The OnMyWay Foundation 501(c)3’s Free Alternate Methods of Entry is always available for all Campaigns. Void where prohibited by law. In addition, if you are registering for or participating in a Campaign, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such Campaign (collectively, Rules). If this ToU conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. Occasionally where law permits, we may offer different types of Campaign than sweepstakes, which will have their own rules and terms.
The OnMyWay Foundation 501(c)3 reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this ToU. In addition, The OnMyWay Foundation 501(c)3 may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
In addition to our free methods of entry, each Campaign allows you to support our Texting and Driving causes by making a monetary donation (each a Donation) to The OnMyWay Texting and Driving Foundation, a U.S. 501(c)(3) tax-exempt public charity, Federal Tax ID can be furnished by request.
The net proceeds to be distributed to the OnMyWay Foundation is generally equal to the total Donations received in connection with a Campaign less the costs and expenses associated with that Campaign, which include advertising,afilliates, payment processing, Prize fulfillment (other than Prizes or Cash that are donated), and the costs of making the Campaign a success.
Anyone who donates through the The OnMyWay Foundation 501c3 platform is making a donation to The OnMyWay Foundation, and receives chances to win Prizes, however, no Donation is required to enter to win a Campaign, and a Donation does not increase your chances of winning a Campaign. Because a Donation is not required to enter, and because The OnMyWay Foundation is a U.S. tax-exempt charity, all Donations made by U.S. donors through the The OnMyWay Foundation 501c3 platform are tax-deductible to the extent allowed by law. If your Donation is accompanied by a Campaign perk, the amount of your Donation that is deductible for U.S. federal income tax purposes may be limited to the excess of the amount contributed over the value of goods or services provided. If you have any questions regarding your tax obligations, you should consult with your own tax advisor. In the event that you need a duplicate or replacement receipt for tax purposes, you can contact email@example.com. Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable.
Your Donation through the The OnMyWay Foundation 501(c)3 platform supports an awesome cause and enters you to win an awesome prize(s). Donations are non-refundable. No Refunds, No Chargebacks, all sales/donations are final at the time of clicking submit.
You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18, or to persons who have reached the age of majority in their countries of residence. Void in countries on the United States list of embargoed countries. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to The OnMyWay Foundation 501c3 for purposes of creating an account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this ToU and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify The OnMyWay Foundation 501c3 by sending an email to firstname.lastname@example.org of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. The OnMyWay Foundation 501(c)3 is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
You understand and agree that you have no ownership rights in your Account and The OnMyWay Foundation 501c3 may stop offering the Service at any time. Further, The OnMyWay Foundation 501c3 may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of this ToU. The OnMyWay Foundation 501c3 will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. The OnMyWay Foundation 501c3 reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
Subject to all of the terms and conditions of this ToU, The OnMyWay Foundation 501c3 hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with this ToU and rules, restrictions and/or documentation set forth by The OnMyWay Foundation 501c3 from time to time. All modifications and enhancements to the Site and Service remain the sole property of The OnMyWay Foundation 501c3. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that The OnMyWay Foundation 501c3, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. The OnMyWay Foundation 501c3 reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of The OnMyWay Foundation 501c3; or (iv) make any false, misleading or deceptive statement or representation regarding The OnMyWay Foundation 501c3 and/or the Site or Service.
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding The OnMyWay Foundation 501c3 and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a sweepstakes (or multiple sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.
You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. The OnMyWay Foundation 501c3 does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, The OnMyWay Foundation 501c3 does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that The OnMyWay Foundation 501c3 may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will The OnMyWay Foundation 501c3 be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.
The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of The OnMyWay Foundation 501c3, including to enforce this ToU. By entering into this ToU, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Site and the Service are operated by The OnMyWay Foundation 501(c)3 in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Third party services, content, information and products may be made available by The OnMyWay Foundation 501c3 on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and The OnMyWay Foundation 501c3 makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
The interfaces, content, arrangement and layout of the Site including, but not limited to, the The OnMyWay Foundation 501c3 trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (The OnMyWay Foundation 501c3 Intellectual Property) are the property of The OnMyWay Foundation 501c3, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of The OnMyWay Foundation 501c3. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any The OnMyWay Foundation 501c3 Intellectual Property or third party content located on the Site in any manner not expressly permitted under this ToU.
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
THE SITE, SOFTWARE AND THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE ONMYWAY FOUNDATION 501C3 MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE ONMYWAY FOUNDATION 501C3 DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ONMYWAY FOUNDATION 501C3 PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ONMYWAY FOUNDATION 501C3 OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF THE ONMYWAY FOUNDATION 501C3 AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE ONMYWAY FOUNDATION 501C3’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The OnMyWay Foundation 501c3 and its affiliates shall be limited to the fullest extent permitted by law.