Terms of Use

Last updated: June 5, 2023

Welcome to Ethipoint.com. DJL SOLUTIONS INC ("we", "us" or "our") provides the EthiPoint website, the EthiPoint services and any associated content (together, the "EP") to you. By accessing or using EP, you agree to be bound by these Terms of Use (the "TOU"). If you don’t agree to be bound by these TOU, you must not access or use EP. Our Privacy Policy, which also governs your use of EP, is incorporated into this TOU, and please review it carefully as well.

Your eligibility for use of EP is contingent upon meeting the following conditions:

a) You are at least 16 years of age and live in USA. If you are over the age of 16 and under the age of 18, you may use EP only with involvement of a parent or legal guardian who agrees to be bound by these TOU.
b) If you are accessing or using EP on behalf of an organization or entity, that organization or entity is based in USA, and agrees to be bound by these TOU.
c) You use EP according to these TOU and all applicable laws and regulations.
d) You provide accurate and current information as required by the relevant registration process and update such information promptly to ensure it is accurate and complete.
e) You grant us a perpetual, irrevocable, worldwide, royalty-free and fully sublicensable right to use, display, modify, reproduce, store, publish, distribute, analyze and make derivative works from the content posted and generated by you, including but not limited to your posts, comments, ethical content on your EP profile such as ethical points and published activities.
f) You acknowledge that you are solely responsible for the confidentiality of your EP user account and password, as well as any use or misuse under that account. We have no liability for any loss or damage caused by any unauthorized use of your account. You agree to notify us immediately if you suspect any unauthorized access to your EP user account.
g) You agree and understand that we may moderate EP access and use in our sole discretion, and may at any time and without prior notice, revoke, terminate, delete, delay, verify or cancel your access, account or content if you fail to meet these criteria or violate any portion of these TOU.
h) You indemnify us for all claims resulting from any activity or content of you or any third party who use EP, or arising from dealings between you and them. We have the right but not the obligation to monitor, edit or remove any activity or content of you or any third party. We don’t endorse or takes responsibility for, nor have liability for, any activity of or content supplied by you or any third party, or dealings between you and any third party.

Use

In connection with your use of EP, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

a) Violate any local, state, provincial, national, or international law or regulation;
b) Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
c) Display, distribute, license, sell, reverse engineer, frame, make derivative works, or exploit, any content ( excluding postings you create) or part of EP;
d) Interfere with or damage EP, or the networks connected to EP, manually, or through the use of automated software, services or other means or devices that interoperate with EP, including without limitation, using automated scripts or agents on EP, generating automated searches, queries, postings or requests to EP, transmitting or sending unauthorized, misleading, irrelevant or unlawful communications or spam emails to EP users or others via EP's email function, and/or collecting content or mining data from EP;
e) Collect, mine or exploit personal data or identifying information of other EP users, or stalk, mislead, threaten, harass, harm, or cause injury to them;
f) Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity.

Fees

You authorize us to charge you for applicable fees (see Pricing), including but not limited to subscription fees, payment processing fees and related service fees, and/or taxes. We reserve the right to change the fees from time to time in our discretion, subject to a seven (7) day notice period to you at your EP user account’s email address prior to the new fees taking effect. You can change to another subscription plan or discontinue your subscription plan only after paying off applicable fees.

All subscription fees for paying plans shall be due immediately and is non-refundable unless explicitly stated by us at the time of your EP user account registration, or exceptional circumstance (a) or (b) as described below is applicable. Subscription fees not paid with-in seven (7) days after the payment due date is considered delinquent, in which case we reserve the right to suspend the subscription, deactivate your EP user account until payment is received. All payment processing fees and related service fees are non-refundable. We reserve the right to charge interest on all overdue fee amounts, which shall accrue at the lower rate of 2% per month, or the maximum amount permitted by law. In the event that you have a good faith dispute as to the amounts due, you agree to pay the undisputed amounts. Interest shall not accrue on any disputed amounts so long as you pay such amounts within thirty (30) days after resolution of the dispute.

We may grant refund requests for subscription fees at our discretion, excluding any transaction or related fees that may apply, and only in forty five (45) days since the payment was made, in exceptional circumstances such as:

a) The payment was made in an incorrect amount;
b) The payment was not authorized by the user.

Money Donations via EP

All donations via EP are gifts made voluntarily to the donees with no conditions. Donations, excluding any transaction or related fees that may apply, go directly to donees without touching our bank.

Based on one's EP user subscription plan, they may opt to receive donation payments via EP, or opt out. In order to receive online donation payments from other users via EP, potential donees are responsible for connecting and verifying their dedicated merchant account at PCI compliant payment processor with EP, granting us exclusive access to that account to take authorized actions on their behalf, and providing accurate and updated information such as account information, taxpayer identity and exemption status, as well as any cost related to their payment account and donation income, including applicable processing fees, service fees, potential refunds, chargebacks and taxes.

Donors receive a donation receipt generated by EP on the donee’s behalf at the time of donation with details of fees and the donee's self-report tax-exemption status. Donors who wish to request a refund for a donation should contact the benefiting donee directly.

Intellectual Property

Text, scripts, graphics, files, photos, images, logos, design, layout, look, appearance, audiovisual works, and other content and materials contained in EP are property owned by us. Unauthorized use of any of them may violate copyright law, trademark law, patent law, trade secret law, unfair competition law, the laws of privacy and publicity, and/or other regulations and statutes.

Dealings with Third Parties

You release us and our officers, directors, employees and successors in interest from claims, expenses, losses, damages, rights, suits or actions of any kind, including without limitation, property damage, litigation costs, personal injuries, and death that is either directly or indirectly related to or arises from:

a) any interaction with other EP users or third parties, including without limitation, your communications and ensuing relationship with individuals or organizations seeking volunteers, volunteers, donors, donees or other third parties who find, post, apply for, cancel, (/fail to) fulfill volunteer opportunities, give or receive donations, or conduct, find or post good works, or
b) your participation in any volunteer, donation or good work activities or activities arising from or related to your use of EP.
c) your relationship and transactions you may enter into with or through any third party payment processors.

You acknowledge that any such dealings are solely between you and the third parties you choose to deal with, and that EP is not responsible or liable for any cost, loss, damage, or other claims incurred as the result of such dealings or the presence of the third parties, and you hereby irrevocably wave any claims against us arising from or related to your relationship with the third parties.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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."

Disclaimer of Warranty and Limitation of Liability

EP is provided on an "AS IS" and "AS AVAILABLE" basis. To the full extent permissible by law, we and our officers, directors, employees, licensors, suppliers, affiliates and successors in interest (together, the "EP Entities") exclude and disclaim all promises, representations and warranties, express or implied, as to EP. You agree that your use of EP is at your sole risk and you exclude EP Entities from all liability for any direct, indirect, consequential, incidental, special, punitive, exemplary, or other losses or damages, including lost profits, revenues, data, goodwill, injuries, death, other intangible losses, etc., related to or arising from use of EP or violation of these TOU, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through EP, and in no event shall such liability exceed the amount you paid us to use EP (or, if we choose, to serve you again).

Changes to these TOU

We retain the right to, at any time, modify or discontinue any or all parts of EP without notice. Additionally, we reserve the right, in our sole discretion, to modify these TOU at any time, effective by posting new terms on the EthiPoint website with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using EP. Your use of EP after any such modification has been published constitutes your acceptance of the new terms. If there is a conflict between these TOU and any additional terms that apply for some special features, the additional terms for the special features will control for that conflict.

Governing Law

Any dispute or claim arising out of or related to these TOU or EP shall be governed by the internal laws of US, without regard to conflict of law provisions, except to the extent governed by US federal law, and shall be instituted exclusively in the federal or state courts located in US (except we may seek preliminary or injunctive relief anywhere).

Reporting Violations

If you believe there is any violation of these TOU, please report to us immediately at support9@ethipoint.com.