The Giving Well, LLC
Terms & Conditions and Privacy Policy.
Terms & Conditions
DISCLAIMER
The Giving Well, LLC is an online forum that has been created for the purpose of sharing creative information, ideas, know-how and expertise, and includes oral and written materials developed by Angelyne Arellano and Laura Santiago for and in connection with The Giving Well, LLC. The Giving Well, LLC’s website, http://thegivingwellco.com and social media accounts include, without limitation, documents, images, text, ideas, designs, concepts, artwork, and all trademarks, brand names, logos, slogans and other branding elements created or developed by The Giving Well, LLC.
The Giving Well, LLC does not guarantee the outcome arising from, or connected to, the accuracy, reliability, or currency of The Giving Well, LLC materials and workshops, including on any linked or third-party site.
The Giving Well, LLC does not accept legal liability whatsoever for the outcome arising from, or connected to, the accuracy, reliability, or currency of The Giving Well, LLC materials and workshops, including on any linked or third-party site.
The Giving Well, LLC accepts no legal liability whatsoever arising from, or connected to, a participant’s or any other person’s participation in The Giving Well, LLC services and/or their use of, or reliance on, The Giving Well, LLC materials or any indirect, incidental, consequential, special, punitive or other damages for any matter arising from or relating to The Giving Well, LLC and/or the services and materials.
The Giving Well, LLC recommends that participants exercise their own skill and care with respect to their use of their website, http://thegivingwellco.com, services and materials and that participants carefully evaluate the accuracy, currency, completeness and relevance of The Giving Well, LLC’s website, services and materials for their purposes.
The information and opinions expressed in The Giving Well, LLC’s website, services and materials are not a substitute for independent professional advice and participants should obtain any appropriate professional advice relevant to their particular circumstances.
The Giving Well, LLC’s website, services and materials may include the views or recommendations of third parties, which do not necessarily reflect the views of The Giving Well, LLC, or indicate its commitment to a particular course of action.
Any links to third-party sites and/or reference to any specific product, process or service by a provider, manufacturer or distributor are not to be taken as professional guidance to be applied to business operations, and do not constitute or imply endorsement or recommendation by The Giving Well, LLC
COPYRIGHT NOTICE
The Giving Well, LLC owns all rights, title and interest, including copyright and intellectual property rights, in and to the website, services and materials. Except where necessary for and incidental to viewing The Giving Well, LLC services and materials via your web browser, any use of The Giving Well, LLC website, services and materials, including the reproduction, modification, distribution, transmission, republication, communication or display except as expressly authorized by The Giving Well, LLC, is strictly prohibited.
Terms of Use
By becoming a member or a subscriber of The Giving Well, you agree to treat all members with kindness and respect. We have zero tolerance for hate speech or bullying; any such behavior will result in instant and permanent voiding of membership and/or subscriber access.
Privacy Policy
Your privacy is important to us. It is THE GIVING WELL, LLC’S policy to respect your privacy regarding any information we may collect from you across our website, http://thegivingwellco.com, and other sites we own and operate.
Information we collect
Log data
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered ‘non-identifying information’, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
Personal information
We may ask for personal information, such as your name and email address. This data is considered ‘identifying information’, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
How we collect information
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
Use of information
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly but may share aggregated and anonymized versions of this information, such as in website and customer usage trend reports.
Data processing and storage
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100 per cent secure and cannot guarantee absolute data security.
Google reCAPTCHA
THE GIVING WELL, LLC has implemented reCAPTCHA v3 on their site and our use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA may only be used to fight spam and abuse on our site. reCAPTCHA will not be used for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with our use of the service will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalized advertising by Google.
Cookies
We use cookies to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer and accesses each time you visit so we can understand how you use our site and serve you content based on preferences you have specified.
If you do not wish to accept cookies from us, you should instruct your browser to refuse cookies from our website, understanding that we may be unable to provide you with some of your desired services without them. This policy covers only the use of cookies between your computer and our website; it does not cover the use of cookies by any third-party services we use on our site.
Third-party access to information
We may use third-party services for our website and marketing activity. These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with these services without your explicit consent. We do not give these services permission to disclose or use any of our data for any other purpose.
We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.
We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
Children’s privacy
This website does not knowingly target or collect personal information from children. As a parent/guardian, please contact us if you believe your child is participating in an activity involving personal information on our website, and you have not received a notification or request for consent. We do not use your supplied contact details for marketing or promotional purposes.
Limits of our policy
This privacy policy only covers THE GIVING WELL, LLC’S own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
At our discretion, we may update this policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around data and personal information.
Your rights and responsibilities
As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted.
You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.
Terms of Service
1. Terms
By accessing the website at http://thegivingwellco.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on THE GIVING WELL, LLC’S website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on THE GIVING WELL, LLC’S website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by THE GIVING WELL, LLC’S at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
3. Disclaimer
The materials on THE GIVING WELL, LLC’S website are provided on an ‘as is’ basis. THE GIVING WELL, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, THE GIVING WELL, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall THE GIVING WELL, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on THE GIVING WELL, LLC’S website, even if THE GIVING WELL, LLC or a THE GIVING WELL, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on THE GIVING WELL, LLC’S website could include technical, typographical, or photographic errors. THE GIVING WELL, LLC does not warrant that any of the materials on its website are accurate, complete or current. THE GIVING WELL, LLC may make changes to the materials contained on its website at any time without notice. However, THE GIVING WELL, LLC does not make any commitment to update the materials.
6. Links
THE GIVING WELL, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by THE GIVING WELL, LLC of the site. Use of any such linked website is at the user’s own risk.
7. Modifications
THE GIVING WELL, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these terms of service.
8. Governing law
These terms and conditions are governed by and construed in accordance with the laws of California, and you irrevocably submit to the exclusive jurisdiction of the courts in this state.
COOKIE POLICY
We use cookies to help improve your experience of http://thegivingwellco.com.
This cookie policy is part of THE GIVING WELL, LLC’S privacy policy, and covers the use of cookies between your device and our site.
If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from http://thegivingwellco.com with the understanding that we may be unable to provide you with some of your desired content and services.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (for example, logging in), to track site usage (for example, analytics), to store your user settings (for example, time zone, notification preferences), and to personalize your content (for example, advertising, language).
Cookies set by the website you are visiting are normally referred to as ‘first-party cookies’, and typically only track your activity on that particular site. Cookies set by other sites and companies (i.e. third parties) are called ‘third-party cookies’, and can be used to track you on other websites that use the same third-party service.
How you can control or opt out of cookies
If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
REFUND POLICY
Services and goods that are non-refundable are labeled as such in item description. Services and goods that are refundable will be labeled as such in the item description, and full or partial refunds will be offered during the specified window of time. Please read carefully before making any purchase.
FORCE MAJEURE
The Giving Well, LLC will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
In the instances as described above, The Giving Well, LLC will cancel scheduled virtual events, retreats and workshops with as much notice as possible and will notify registered participants of cancellation via email. The Giving Well, LLC does guarantee that a cancelled virtual event, retreat or workshop will be rescheduled. A full refund for pre-paid virtual events, retreats and workshops in the original method of payment will be offered.
Paid self-guided online courses, digital materials and electronic gift cards are downloadable at the time of purchase. It is the responsibility of the party purchasing the online courses and digital materials to download and save the courses and materials upon purchase. For electronic gift cards, it is the responsibility of the recipient to download and save the electronic gift card upon receipt. The Giving Well, LLC does accept legal liability for the loss of access to these online courses, digital materials electronic gift cards after the time period shortly after purchase or resulting from a delay or failure on the purchaser or recipient to access and save the online courses and digital materials. Therefore, no refunds will be offered and provided for self-guided courses, digital materials and electronic gift cards.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
ARBITRATION CLAUSE
1.1 Any controversy or claim arising out of or relating to The Giving Well, LLC, its website, and its goods and services shall be settled by arbitration. The arbitration shall be conducted in Oakland, California in accordance with the United States Arbitration Act (Title 9, U.S. Code), and under the Commercial [or other] Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
1.2 In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgement on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with California Civil Code Section 47(b). As reasonably required to allow full use and benefit of this agreement's modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator's written reasoned opinion. Finally, the parties agree to equally split payment for all types of costs that are unique to arbitration including arbitration administrative fees, arbitration hearing fees and arbitrator compensation fees.
1.3 Pursuant to California Code of Civil Procedure section 1281.8, The Giving Well, LLC or any party(ies) may apply to a California superior court for any provisional remedy, including a temporary restraining order or preliminary injunction.
1.4 All claims against The Giving Well, LLC must be brought in an individual’s capacity and not as a plaintiff or class member in any purported class action, collective action or representative action proceeding. There is no right or authority for any dispute to be heard or arbitrated on a collective action basis, class action basis, representative action basis, as a private attorney general, or other bases involving claims or disputes brought in a representative capacity on behalf of the general public or on behalf of other persons alleged to be similarly situated. There are no bench or jury trials and no class actions, collective actions, or representative actions permitted under this Arbitration Agreement. The Arbitrator shall not consolidate claims of different parties into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. Any disputes regarding the enforceability or scope of this provision (Paragraph 1.4) including, but not limited to, whether class, collective, or representative actions are authorized in arbitration by this Agreement, shall be decided by a court of competent jurisdiction rather than by an arbitrator.
1.5 The Giving Well, LLC and involved party(ies) understand and agree to this binding arbitration provision and give up their respective rights to trial by jury of any claim that a party against The Giving Well, LLC or that The Giving Well, LLC may have against a party.