Our Partnership with FirstGiving
Workout Mission has partnered with FirstGiving, Inc. ("FirstGiving") to make donating to your charities of choice efficient and effective. Founded in 2003, FirstGiving is an online fundraising platform headquartered in Boston, Massachusetts. When FirstGiving processes a donation through the Website, it distributes the donation to the donor’s chosen charity. While your donation will be forwarded to the charity of your choice, FirstGiving will appear on your credit card statement. FirstGiving charges 4.25% to process such transactions, which includes a credit card processing fee and a fee for managing and distributing donations to various charities ("Transaction Fees"). When you use the Website to make donations through FirstGiving, you agree that: (i) your donations will be processed through FirstGiving; (ii) FirstGiving will disperse funds to the designated Charity or Nonprofit (each a "Charity") less the Transaction Fees; and (iii) Workout Mission and/or FirstGiving will send a thank you email and/or transaction receipt to all donors. When you make donations to the Charities through FirstGiving, FirstGiving sends payments to the Charities once a month that includes all donations made in the previous month. If the Charities are setup for ACH, payments are sent weekly. These payment schedules are subject to change at any time at the sole discretion of FirstGiving.
Workout Mission may present you with information, content and features, including but not limited to, charts and graphs, articles, statistics, data, product information, time stamps, software applications, advertisements, graphics, video and audio files, calendars, programs, code, data entered by third party users, such as charitable organizations, and various workout features and apparel; the Services may also include third party materials, software, features and information made available to you by virtue of a license, grant or some other form of agreement (collectively, "Website Content"). Workout Mission is not responsible for inaccurate information provided through the Services, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content provided on or through the Services.
The Services may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Workout Mission is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services. THE SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATION USE ONLY. NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
Membership and Posting
Content and Services
Workout Mission does not endorse or have any control over User Generated Content submitted by you or others, and accepts no responsibility whatsoever in connection with or arising from content owned or posted by any third party. User Generated Content submitted through the Services is not necessarily reviewed by Workout Mission prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any User Generated Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate User Generated Content and (c) no direct control over the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any User Generated Content, or any files, data, graphs, surveys, analyses, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including without limitation information and data posted or accessible through the Services by you. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Workout Mission shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or published, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.
You may have the ability to send (by e-mail or otherwise) messages directly to Workout Mission or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by Workout Mission or third parties of any information you send through our systems. You are solely responsible for your interactions with other users or third parties on and through the Services.
Ownership and Use of Content
Workout Mission does not assert ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you, provided that Workout Mission reserves the right to aggregate and collect data entered by users through the Services in its sole discretion. By providing information or posting User Generated Content on or through the Services, you hereby grant Workout Mission a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and create derivative works from any such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof.
Furthermore, you agree to release Workout Mission, its parents, partners, contractors, licensees and affiliates together with their respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Workout Mission of User Generated Content provided by you. If at any time you are not happy with the Services or you object to any Website Content, your sole remedy is to cease using the Services.
Advertisements and Third Party Materials
From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties ("Third Party Materials"). Third Party Materials, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Materials, Workout Mission is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.
Limitation of Use
You agree that you will neither post nor submit any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violates the copyright, trademark or other intellectual property rights of any other person or Workout Mission;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- collects or solicits personal information from other users;
- imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
- is for the purpose of spamming or promoting goods or services without our prior authorization;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libelous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any Website Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Workout Mission, the Services, their users or any third party; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any third party or Workout Mission.
The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using Workout Mission's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Workout Mission reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any third party. In the event a dispute arises between you and Workout Mission or any third party, please e-mail the Company at firstname.lastname@example.org. Workout Mission will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.
The Digital Millennium Copyright Act of 1998 ("DMCA")
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Workout Mission and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation "Workout Mission", the Workout Mission Logo, and the "Sharing Strength with Every Workout" tagline, whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of the Company. Nothing herein grants you any right, title or interest in any Workout Mission names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, characters, technology and designs (whether or not the subject of a patent application) (together, "Workout Mission IP"). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Workout Mission IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Workout Mission IP, or domain names incorporating any of the same; or (iii) incorporate any Workout Mission IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Workout Mission marks, names or designations by operation of law or otherwise, you will immediately upon request from Workout Mission and at no expense to Workout Mission assign such rights, registrations and applications to Workout Mission.
Registration and Security
In connection with your use of the Services, you may establish or otherwise receive Workout Mission user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Workout Mission, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Workout Mission reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Workout Mission does not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Workout Mission has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Workout Mission shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Workout Mission harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Workout Mission if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Workout Mission reserves the right to block your User Codes for any reason.
For your protection, Workout Mission may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Rules for All Donations, Event Registrations, and Purchases
Certain features offered through the Services may be conditioned on entering into a financial transaction with Workout Mission. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Users of the Service may also enter into transactions directly with third party organizations. Workout Mission will NOT be a party to any contracts for payments or services between you and any third party. Workout Mission merely facilitates these contracts by supplying a platform for the exchange of information and money. Any transactions between you and any third party organization outside of the Workout Mission Service are NOT guaranteed by Workout Mission.
For all donations and purchases made on or through the Website, all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct Charity for fundraising, donating, or registering, (iii) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation amounts and Transaction Fees will be charged to the credit or debit card or other payment method you use through FirstGiving; and (v) all donations are final and non-refundable.
By providing a method of payment pursuant to a transaction, you authorize us to collect and store it, along with other information related to your transaction. You authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by Workout Mission to deliver the Services purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the Services, thereby terminating all of Workout Mission’s obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $40 USD, per instance, which charge you hereby authorize by entering into any transaction through the Website. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless (x) you notify Workout Mission within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Workout Mission directly, and such efforts have failed.
Workout Mission reserves the right to change the prices it charges in its sole discretion, provided such new prices will only be instituted with prior notice to you. If you experience technical problems with your transaction, please contact customer service via e-mail at email@example.com.
Workout Mission is not involved in contacts between Users or in the completion of transactions between users and third parties. In the event that you have a dispute with one or more Users or a third party introduced through the Services, you release Workout Mission, and our officers, directors, agents, investors, subsidiaries, and employees, from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Workout Mission expressly disclaims any liability that may arise between users of the Services or users and any third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Not all of the Services are available in all geographic areas, and Workout Mission reserves the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country.
THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES. TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.
Tax Deductible Nature of Donations
Workout Mission makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, "Donations") are tax deductible. Workout Mission will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization of any Donation by you, any Workout Mission user, or any Charity on any applicable tax return. You should consult your tax advisor as to the amount of your Donation that is tax-deductible. Notwithstanding the above, by working with FirstGiving, Workout Mission connects you with several US-based 501(c)(3) charitable organizations so that you may make tax-deductible donations.
Term & Termination
Applicable Law; Jurisdiction
The Services are maintained by WORKOUT MISSION, LLC, based in Brooklyn, New York, all rights reserved.