Terms of Use

Acceptance

Welcome to Bear Givers, Inc.’s website, https://www.beargivers.org/ (the “Website”). Bear Givers, Inc. (“Bear Givers”) provides the content, and services available on the Website to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using any portion of this Website or any service or content on this Website, you are acknowledging that you have read, understand, accept and agree to be bound by these Terms and Conditions and Bear Givers’ Privacy Policy, incorporated herein by reference. This Website is offered and available to users who reside in the United States or any of its territories. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. These Terms and Conditions, together with Bear Givers’ Privacy Policy, constitute the complete and exclusive agreement between you and Bear Givers concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications.

Bear Givers reserves the right, in its sole discretion, to change, add or remove portions of these Terms and Conditions at any time for any reason.  Any such changes are effective immediately upon posting to the Website and apply to all access and use of the Website thereafter. Accordingly, you may want to periodically review these Terms and Conditions when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms and Conditions. If, at any time, you do not agree to be bound by or comply with the Terms and Conditions, please do not use this Website.

Privacy

All information collected on this Website is subject to Bear Givers’ Privacy Policy. Please review  Bear Givers’ Privacy Policy so that you may understand how Bear Givers collects, uses, shares, retains, and protects personal information gathered from the Website. By using the Website, you also agree to the terms of the Privacy Policy.

Accuracy of Information

Bear Givers attempts to be as accurate as possible on the Website; however, to the extent permitted by applicable law, Bear Givers makes no representations or warranties that the content or information available on the Website is accurate, complete, reliable, current, or error-free. Bear Givers reserves the right to withdraw or amend this Website, and any service or information provided on the Website, in its sole discretion without notice.

Intellectual Property

The Website and all content, features and services available on the Website, including, but not limited to, all information, text, graphics, logos, icons, images, audio clips, video clips, data compilations (the “Content”) is the property of Bear Givers, its affiliates, its partners or its licensors, and is protected by applicable copyrights, international treaties and/or other intellectual property rights and laws of the United States and other countries. Any data or material that you transmit to the Website becomes the property of Bear Givers and may be used by Bear Givers for any lawful purpose without restriction, subject to Bear Givers’ Privacy Policy.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered or unregistered marks of Bear Givers, its affiliates, its licensors or its partners, in the United States and other countries, and are protected by trademark laws of the United States and other countries. Trademarks not owned by Bear Givers, or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bear Givers.

Except as set forth in the limited license in the “Limited License” Section below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, stored, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without Bear Givers’ prior written consent. Bear Givers hereby expressly reserves all rights not expressly granted in and to the Website, its Content, and Trademarks.

Limited License

Bear Givers grants you a limited, revocable, and non-exclusive license to access and use the Website for your personal and non-commercial purposes only.

The limited license set forth in this Section does not include the right to: (i) make any use of the Website or its Content other than personal use; (ii) create any derivative work based upon either the Website or its Content; (iii) collect account information for the benefit of another party; (iv) use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, or take any other action that may impose an unreasonable burden or load on Website infrastructure.

Any site that links to the Website (i) may not imply that Bear Givers is endorsing such site or its services or products; (ii) may not misrepresent its relationship with Bear Givers; (iii) may not contain content that could be construed as distasteful, obscene, offensive, infringing, or otherwise inappropriate or unlawful, and may contain only content appropriate for all ages; (iv) may not portray Bear Givers or its services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Bear Givers with undesirable products, services, or opinions; or (v) may not use any Bear Givers Trademark without express written permission.

The Website may provide certain social media features that enable you to cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Bear Givers with respect to the content they are displayed with. Bear Givers may disable all or any social media features and any links at any time without notice in its discretion.

Your Use of the Website

You may not submit any software or other material which contains a virus, worm, Trojan horse, or other harmful computer code, files, scripts, agents, programs, or device. You may not use the Website to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather names and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the Website.

Bear Givers has the right, but not the obligation, to monitor the Website to determine compliance with these Terms and Conditions and to satisfy any law, regulation, or authorized government request and may take appropriate legal action or terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.

Any unauthorized use by you of the Website or the Content terminates the limited license set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.

Third Party Links

The Website may contain links to other sites and resources provided by third parties or may be linked from third party sites. Bear Givers is not responsible for the content of any off-site pages or any other sites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Bear Givers, its affiliates, or its partners of the referenced content, product, service, or supplier. Your linking to or from any off-site pages or other sites is at your own risk. Bear Givers is in no way responsible for examining or evaluating, and does not warrant the offerings, content or accuracy of off-site pages or any other sites linked to or from the Website, nor does Bear Givers assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other sites that you visit.

Representations and Warranties; Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” BEAR GIVERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. BEAR GIVERS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN AND RELIANCE PLACED ON SUCH INFORMATION AND MATERIALS. BEAR GIVERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE.

YOU AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, BEAR GIVERS, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “BEAR GIVERS PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR (g) EVENTS BEYOND BEAR GIVERS’ REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE BEAR GIVERS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT THEREIN REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BEAR GIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Release and Indemnification

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BEAR GIVERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

You agree, at your own expense, to defend, indemnify and hold the Bear Givers Parties harmless for any claims, liabilities, losses, damages or costs incurred by the Bear Givers Parties, including reasonable attorneys’ fees, resulting from or in connection with any third party claim, action, or demand resulting from (i) your violation of these Terms and Conditions or your use of the Website; (ii) your infringement of any intellectual property right of any third party, or of any right of personality or publicity [or (iii) any content that you distribute, e-mail, transmit or otherwise make available through the Website. You shall not in any event settle any matter without the written consent of Bear Givers. Bear Givers reserves the right to, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disputes

With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York, and without regard to the conflict of law principles of the State of New York. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate Bear Givers’ intellectual property rights, Bear Givers may seek injunctive or other appropriate relief in the state or federal courts located in the State of New York, and you consent to exclusive jurisdiction and venue in such courts and hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non conveniens.

Termination

Bear Givers shall have the right to restrict, suspend or terminate your access to the Website if, in its sole discretion, you fail to comply with any provision of these Terms and Conditions. Bear Givers may also discontinue or change this Website, or its availability to you, at any time and for any reason, and without prior notice or liability.

Geographic Restrictions

The Website is provided for use only by persons located in the United States. Bear Givers makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.

General

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between Bear Givers and you. Bear Givers’ failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Bear Givers’ waiver of a breach of any provision hereof be taken or held to be a waiver of the provision at any other time. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force and effect. Bear Givers will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Bear Givers’ original objectives and intent as reflected in the original provision.

Contact

If you have any questions regarding these Terms and Conditions, please contact us:

Bear Givers, Inc.
575 Madison Avenue
Floor 10
New York, NY 10022
info@beargivers.org
212-224-0140

Last updated May 2024