WEBSITE TERMS AND CONDITIONS TEMPLATE 

Last updated [July, 2020] 

AGREEMENT TO TERMS 

These Terms and Conditions constitute a legally binding agreement made between you, 

whether personally or on behalf of an entity (“you”) and [Faith Over Fear Economic 

Empowerment Inc.] (“we,” “us” or “our”), concerning your access to and use of the 

[www.faithoverfeareei.org] website as well as any other media form, media channel, 

mobile website or mobile application related, linked, or otherwise connected thereto 

(collectively, the “www.faithoverfearee.org”). 

You agree that by accessing the Site, you have read, understood, and agree to be 

bound by all of these Terms and Conditions. If you do not agree with all of these Terms 

and Conditions, then you are expressly prohibited from using the Site and you must 

discontinue use immediately. 

Supplemental terms and conditions or documents that may be posted on the Site from 

time to time are hereby expressly incorporated herein by reference. We reserve the 

right, in our sole discretion, to make changes or modifications to these Terms and 

Conditions at any time and for any reason. 

We will alert you about any changes by updating the “Last updated” date of these 

Terms and Conditions, and you waive any right to receive specific notice of each such 

change. 

It is your responsibility to periodically review these Terms and Conditions to stay 

informed of updates. You will be subject to, and will be deemed to have been made 

aware of and to have accepted, the changes in any revised Terms and Conditions by 

your continued use of the Site after the date such revised Terms and Conditions are 

posted. 

The information provided on the Site is not intended for distribution to or use by any 

person or entity in any jurisdiction or country where such distribution or use would be 

contrary to law or regulation or which would subject us to any registration requirement 

within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on 

their own initiative and are solely responsible for compliance with local laws, if and to 

the extent local laws are applicable. 

These terms and conditions were generated by Termly’s Terms and Conditions 

Generator. 

Option 1: The Site is intended for users who are at least 18 years old. Persons under 

the age of 18 are not permitted to register for the Site. 

Option 2: [The Site is intended for users who are at least 13 years of age.] All users who 

are minors in the jurisdiction in which they reside (generally under the age of 18) must 

have the permission of, and be directly supervised by, their parent or guardian to use 

the Site. If you are a minor, you must have your parent or guardian read and agree to 

these Terms and Conditions prior to you using the Site. 

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the Site is our proprietary property and all source code, 

databases, functionality, software, website designs, audio, video, text, photographs, and 

graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and 

logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, 

and are protected by copyright and trademark laws and various other intellectual 

property rights and unfair competition laws of the United States, foreign jurisdictions, 

and international conventions. 

The Content and the Marks are provided on the Site “AS IS” for your information and 

personal use only. Except as expressly provided in these Terms and Conditions, no part 

of the Site and no Content or Marks may be copied, reproduced, aggregated, 

republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, 

distributed, sold, licensed, or otherwise exploited for any commercial purpose 

whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to 

access and use the Site and to download or print a copy of any portion of the Content to 

which you have properly gained access solely for your personal, non-commercial use. 

We reserve all rights not expressly granted to you in and to the Site, the Content and 

the Marks. 

USER REPRESENTATIONS 

By using the Site, you represent and warrant that: 

[(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such 

registration information as necessary;] 

(3) you have the legal capacity and you agree to comply with these Terms and 

Conditions; 

[(4) you are not under the age of 13;] 

(5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received 

parental permission to use the Site]; 

(6) you will not access the Site through automated or non-human means, whether 

through a bot, script, or otherwise; 

(7) you will not use the Site for any illegal or unauthorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we 

have the right to suspend or terminate your account and refuse any and all current or 

future use of the Site (or any portion thereof). 

USER REGISTRATION 

You may be required to register with the Site. You agree to keep your password 

confidential and will be responsible for all use of your account and password. We 

reserve the right to remove, reclaim, or change a username you select if we determine, 

in our sole discretion, that such username is inappropriate, obscene, or otherwise 

objectionable. 

PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we make 

the Site available. The Site may not be used in connection with any commercial 

endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

1. systematically retrieve data or other content from the Site to create or compile, 

directly or indirectly, a collection, compilation, database, or directory without written 

permission from us. 

2. make any unauthorized use of the Site, including collecting usernames and/or 

email addresses of users by electronic or other means for the purpose of sending 

unsolicited email, or creating user accounts by automated means or under false 

pretenses. 

3. use a buying agent or purchasing agent to make purchases on the Site. 

4. use the Site to advertise or offer to sell goods and services. 

5. circumvent, disable, or otherwise interfere with security-related features of the Site, 

including features that prevent or restrict the use or copying of any Content or 

enforce limitations on the use of the Site and/or the Content contained therein. 

6. engage in unauthorized framing of or linking to the Site. 

7. trick, defraud, or mislead us and other users, especially in any attempt to learn 

sensitive account information such as user passwords; 

8. make improper use of our support services or submit false reports of abuse or 

misconduct. 

9. engage in any automated use of the system, such as using scripts to send 

comments or messages, or using any data mining, robots, or similar data 

gathering and extraction tools. 

10. interfere with, disrupt, or create an undue burden on the Site or the networks or 

services connected to the Site. 

11. attempt to impersonate another user or person or use the username of another 

user. 

12. sell or otherwise transfer your profile. 

13. use any information obtained from the Site in order to harass, abuse, or harm 

another person. 

14. use the Site as part of any effort to compete with us or otherwise use the Site 

and/or the Content for any revenue-generating endeavor or commercial enterprise. 

15. decipher, decompile, disassemble, or reverse engineer any of the software 

comprising or in any way making up a part of the Site. 

16. attempt to bypass any measures of the Site designed to prevent or restrict access 

to the Site, or any portion of the Site. 

17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in 

providing any portion of the Site to you. 

18. delete the copyright or other proprietary rights notice from any Content. 

19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, 

JavaScript, or other code. 

20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or 

other material, including excessive use of capital letters and spamming 

(continuous posting of repetitive text), that interferes with any party’s uninterrupted 

use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes 

with the use, features, functions, operation, or maintenance of the Site. 

21. upload or transmit (or attempt to upload or to transmit) any material that acts as a 

passive or active information collection or transmission mechanism, including 

without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web 

bugs, cookies, or other similar devices (sometimes referred to as “spyware” or 

“passive collection mechanisms” or “pcms”). 

22. except as may be the result of standard search engine or Internet browser usage, 

use, launch, develop, or distribute any automated system, including without 

limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses 

the Site, or using or launching any unauthorized script or other software. 

23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 

24. use the Site in a manner inconsistent with any applicable laws or regulations. 

25. [other] 

USER GENERATED CONTRIBUTIONS 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, 

online forums, and other functionality, and may provide you with the opportunity to 

create, submit, post, display, transmit, perform, publish, distribute, or broadcast content 

and materials to us or on the Site, including but not limited to text, writings, video, audio, 

photographs, graphics, comments, suggestions, or personal information or other 

material (collectively, "Contributions"). 

Contributions may be viewable by other users of the Site and through third-party 

websites. As such, any Contributions you transmit may be treated as non-confidential 

and non-proprietary. When you create or make available any Contributions, you thereby 

represent and warrant that: 

1. the creation, distribution, transmission, public display, or performance, and the 

accessing, downloading, or copying of your Contributions do not and will not 

infringe the proprietary rights, including but not limited to the copyright, patent, 

trademark, trade secret, or moral rights of any third party. 

2. you are the creator and owner of or have the necessary licenses, rights, consents, 

releases, and permissions to use and to authorize us, the Site, and other users of 

the Site to use your Contributions in any manner contemplated by the Site and 

these Terms and Conditions. 

3. you have the written consent, release, and/or permission of each and every 

identifiable individual person in your Contributions to use the name or likeness of 

each and every such identifiable individual person to enable inclusion and use of 

your Contributions in any manner contemplated by the Site and these Terms and 

Conditions. 

4. your Contributions are not false, inaccurate, or misleading. 

5. your Contributions are not unsolicited or unauthorized advertising, promotional 

materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of 

solicitation. 

6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, 

libelous, slanderous, or otherwise objectionable (as determined by us). 

7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 

8. your Contributions do not advocate the violent overthrow of any government or 

incite, encourage, or threaten physical harm against another. 

9. your Contributions do not violate any applicable law, regulation, or rule. 

10. your Contributions do not violate the privacy or publicity rights of any third party. 

11. your Contributions do not contain any material that solicits personal information 

from anyone under the age of 18 or exploits people under the age of 18 in a sexual 

or violent manner. 

12. your Contributions do not violate any federal or state law concerning child 

pornography, or otherwise intended to protect the health or well-being of minors; 

13. your Contributions do not include any offensive comments that are connected to 

race, national origin, gender, sexual preference, or physical handicap. 

14. your Contributions do not otherwise violate, or link to material that violates, any 

provision of these Terms and Conditions, or any applicable law or regulation. 

Any use of the Site in violation of the foregoing violates these Terms and Conditions 

and may result in, among other things, termination or suspension of your rights to use 

the Site. 

CONTRIBUTION LICENSE 

By posting your Contributions to any part of the Site [or making Contributions accessible 

to the Site by linking your account from the Site to any of your social networking 

accounts], you automatically grant, and you represent and warrant that you have the 

right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, 

transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, 

reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, 

publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in 

part), and distribute such Contributions (including, without limitation, your image and 

voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative 

works of, or incorporate into other works, such Contributions, and grant and authorize 

sublicenses of the foregoing. The use and distribution may occur in any media formats 

and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter 

developed, and includes our use of your name, company name, and franchise name, as 

applicable, and any of the trademarks, service marks, trade names, logos, and personal 

and commercial images you provide. You waive all moral rights in your Contributions, 

and you warrant that moral rights have not otherwise been asserted in your 

Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all 

of your Contributions and any intellectual property rights or other proprietary rights 

associated with your Contributions. We are not liable for any statements or 

representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to 

exonerate us from any and all responsibility and to refrain from any legal action against 

us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise 

change any Contributions; (2) to re-categorize any Contributions to place them in more 

appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at 

any time and for any reason, without notice. We have no obligation to monitor your 

Contributions. 

GUIDELINES FOR REVIEWS 

We may provide you areas on the Site to leave reviews or ratings. When posting a 

review, you must comply with the following criteria: 

(1) you should have firsthand experience with the person/entity being reviewed; 

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or 

hate language; 

(3) your reviews should not contain discriminatory references based on religion, race, 

gender, national origin, age, marital status, sexual orientation, or disability; 

(4) your reviews should not contain references to illegal activity; 

(5) you should not be affiliated with competitors if posting negative reviews; 

(6) you should not make any conclusions as to the legality of conduct; 

(7) you may not post any false or misleading statements; 

(8) you may not organize a campaign encouraging others to post reviews, whether 

positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no 

obligation to screen reviews or to delete reviews, even if anyone considers reviews 

objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily 

represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting 

from any review. By posting a review, you hereby grant to us a perpetual, non- 

exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and 

license to reproduce, modify, translate, transmit by any means, display, perform, and/or 

distribute all content relating to reviews. 

MOBILE APPLICATION LICENSE 

Use License 

If you access the Site via a mobile application, then we grant you a revocable, non- 

exclusive, non-transferable, limited right to install and use the mobile application on 

wireless electronic devices owned or controlled by you, and to access and use the 

mobile application on such devices strictly in accordance with the terms and conditions 

of this mobile application license contained in these Terms and Conditions. 

You shall not: 

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or 

decrypt the application; 

(2) make any modification, adaptation, improvement, enhancement, translation, or 

derivative work from the application; 

(3) violate any applicable laws, rules, or regulations in connection with your access or 

use of the application; 

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or 

trademark) posted by us or the licensors of the application; 

(5) use the application for any revenue generating endeavor, commercial enterprise, or 

other purpose for which it is not designed or intended; 

(6) make the application available over a network or other environment permitting 

access or use by multiple devices or users at the same time; 

(7) use the application for creating a product, service, or software that is, directly or 

indirectly, competitive with or in any way a substitute for the application; 

(8) use the application to send automated queries to any website or to send any 

unsolicited commercial e-mail; 

(9) use any proprietary information or any of our interfaces or our other intellectual 

property in the design, development, manufacture, licensing, or distribution of any 

applications, accessories, or devices for use with the application. 

Apple and Android Devices 

The following terms apply when you use a mobile application obtained from either the 

Apple Store or Google Play (each an “App Distributor”) to access the Site: 

(1) the license granted to you for our mobile application is limited to a non-transferable 

license to use the application on a device that utilizes the Apple iOS or Android 

operating systems, as applicable, and in accordance with the usage rules set forth in 

the applicable App Distributor’s terms of service; 

(2) we are responsible for providing any maintenance and support services with respect 

to the mobile application as specified in the terms and conditions of this mobile 

application license contained in these Terms and Conditions or as otherwise required 

under applicable law, and you acknowledge that each App Distributor has no obligation 

whatsoever to furnish any maintenance and support services with respect to the mobile 

application; 

(3) in the event of any failure of the mobile application to conform to any applicable 

warranty, you may notify the applicable App Distributor, and the App Distributor, in 

accordance with its terms and policies, may refund the purchase price, if any, paid for 

the mobile application, and to the maximum extent permitted by applicable law, the App 

Distributor will have no other warranty obligation whatsoever with respect to the mobile 

application; 

(4) you represent and warrant that (i) you are not located in a country that is subject to a 

U.S. government embargo, or that has been designated by the U.S. government as a 

“terrorist supporting” country and (ii) you are not listed on any U.S. government list of 

prohibited or restricted parties; 

(5) you must comply with applicable third-party terms of agreement when using the 

mobile application, e.g., if you have a VoIP application, then you must not be in violation 

of their wireless data service agreement when using the mobile application; 

6) you acknowledge and agree that the App Distributors are third-party beneficiaries of 

the terms and conditions in this mobile application license contained in these Terms and 

Conditions, and that each App Distributor will have the right (and will be deemed to 

have accepted the right) to enforce the terms and conditions in this mobile application 

license contained in these Terms and Conditions against you as a third-party 

beneficiary thereof. 

SOCIAL MEDIA 

As part of the functionality of the Site, you may link your account with online accounts 

you have with third-party service providers (each such account, a “Third-Party Account”) 

by either: (1) providing your Third-Party Account login information through the Site; or 

(2) allowing us to access your Third-Party Account, as is permitted under the applicable 

terms and conditions that govern your use of each Third-Party Account. 

You represent and warrant that you are entitled to disclose your Third-Party Account 

login information to us and/or grant us access to your Third-Party Account, without 

breach by you of any of the terms and conditions that govern your use of the applicable 

Third-Party Account, and without obligating us to pay any fees or making us subject to 

any usage limitations imposed by the third-party service provider of the Third-Party 

Account. 

By granting us access to any Third-Party Accounts, you understand that (1) we may 

access, make available, and store (if applicable) any content that you have provided to 

and stored in your Third-Party Account (the “Social Network Content”) so that it is 

available on and through the Site via your account, including without limitation any 

friend lists and (2) we may submit to and receive from your Third-Party Account 

additional information to the extent you are notified when you link your account with the 

Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings 

that you have set in such Third-Party Accounts, personally identifiable information that 

you post to your Third-Party Accounts may be available on and through your account on 

the Site. 

Please note that if a Third-Party Account or associated service becomes unavailable or 

our access to such Third-Party Account is terminated by the third-party service provider, 

then Social Network Content may no longer be available on and through the Site. You 

will have the ability to disable the connection between your account on the Site and your 

Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE 

PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED 

SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE 

PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but 

not limited to, for accuracy, legality, or non-infringement, and we are not responsible for 

any Social Network Content. 

You acknowledge and agree that we may access your email address book associated 

with a Third-Party Account and your contacts list stored on your mobile device or tablet 

computer solely for purposes of identifying and informing you of those contacts who 

have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by 

contacting us using the contact information below or through your account settings (if 

applicable). We will attempt to delete any information stored on our servers that was 

obtained through such Third-Party Account, except the username and profile picture 

that become associated with your account. 

SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, 

feedback, or other information regarding the Site ("Submissions") provided by you to us 

are non-confidential and shall become our sole property. We shall own exclusive rights, 

including all intellectual property rights, and shall be entitled to the unrestricted use and 

dissemination of these Submissions for any lawful purpose, commercial or otherwise, 

without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant 

that any such Submissions are original with you or that you have the right to submit 

such Submissions. You agree there shall be no recourse against us for any alleged or 

actual infringement or misappropriation of any proprietary right in your Submissions. 

THIRD-PARTY WEBSITES AND CONTENT 

The Site may contain (or you may be sent via the Site) links to other websites ("Third- 

Party Websites") as well as articles, photographs, text, graphics, pictures, designs, 

music, sound, video, information, applications, software, and other content or items 

belonging to or originating from third parties ("Third-Party Content"). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or 

checked for accuracy, appropriateness, or completeness by us, and we are not 

responsible for any Third-Party Websites accessed through the Site or any Third-Party 

Content posted on, available through, or installed from the Site, including the content, 

accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or 

contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites 

or any Third-Party Content does not imply approval or endorsement thereof by us. If you 

decide to leave the Site and access the Third-Party Websites or to use or install any 

Third-Party Content, you do so at your own risk, and you should be aware these Terms 

and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data 

gathering practices, of any website to which you navigate from the Site or relating to any 

applications you use or install from the Site. Any purchases you make through Third- 

Party Websites will be through other websites and from other companies, and we take 

no responsibility whatsoever in relation to such purchases which are exclusively 

between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on 

Third-Party Websites and you shall hold us harmless from any harm caused by your 

purchase of such products or services. Additionally, you shall hold us harmless from 

any losses sustained by you or harm caused to you relating to or resulting in any way 

from any Third-Party Content or any contact with Third-Party Websites. 

ADVERTISERS 

We allow advertisers to display their advertisements and other information in certain 

areas of the Site, such as sidebar advertisements or banner advertisements. If you are 

an advertiser, you shall take full responsibility for any advertisements you place on the 

Site and any services provided on the Site or products sold through those 

advertisements. 

Further, as an advertiser, you warrant and represent that you possess all rights and 

authority to place advertisements on the Site, including, but not limited to, intellectual 

property rights, publicity rights, and contractual rights. 

[As an advertiser, you agree that such advertisements are subject to our Digital 

Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, 

and you understand and agree there will be no refund or other compensation for DMCA 

takedown-related issues.] We simply provide the space to place such advertisements, 

and we have no other relationship with advertisers. 

SITE MANAGEMENT 

We reserve the right, but not the obligation, to: 

(1) monitor the Site for violations of these Terms and Conditions; 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the 

law or these Terms and Conditions, including without limitation, reporting such user to 

law enforcement authorities; 

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the 

availability of, or disable (to the extent technologically feasible) any of your 

Contributions or any portion thereof; 

(4) in our sole discretion and without limitation, notice, or liability, to remove from the 

Site or otherwise disable all files and content that are excessive in size or are in any 

way burdensome to our systems; 

(5) otherwise manage the Site in a manner designed to protect our rights and property 

and to facilitate the proper functioning of the Site. 

PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy [CLICK 

HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy 

Policy, which is incorporated into these Terms and Conditions. Please be advised the 

Site is hosted in the United States. 

If you access the Site from the European Union, Asia, or any other region of the world 

with laws or other requirements governing personal data collection, use, or disclosure 

that differ from applicable laws in the United States, then through your continued use of 

the Site, you are transferring your data to the United States, and you expressly consent 

to have your data transferred to and processed in the United States. 

[Further, we do not knowingly accept, request, or solicit information from children or 

knowingly market to children. Therefore, in accordance with the U.S. Children’s Online 

Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 

has provided personal information to us without the requisite and verifiable parental 

consent, we will delete that information from the Site as quickly as is reasonably 

practical.] 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE 

AND POLICY 

Notifications 

We respect the intellectual property rights of others. If you believe that any material 

available on or through the Site infringes upon any copyright you own or control, please 

immediately notify our Designated Copyright Agent using the contact information 

provided below (a “Notification”). 

A copy of your Notification will be sent to the person who posted or stored the material 

addressed in the Notification. Please be advised that pursuant to federal law you may 

be held liable for damages if you make material misrepresentations in a Notification. 

Thus, if you are not sure that material located on or linked to by the Site infringes your 

copyright, you should consider first contacting an attorney. 

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and 

include the following information: 

(1) A physical or electronic signature of a person authorized to act on behalf of the 

owner of an exclusive right that is allegedly infringed; 

(2) identification of the copyrighted work claimed to have been infringed, or, if multiple 

copyrighted works on the Site are covered by the Notification, a representative list of 

such works on the Site; 

(3) identification of the material that is claimed to be infringing or to be the subject of 

infringing activity and that is to be removed or access to which is to be disabled, and 

information reasonably sufficient to permit us to locate the material; 

(4) information reasonably sufficient to permit us to contact the complaining party, such 

as an address, telephone number, and, if available, an email address at which the 

complaining party may be contacted; 

(5) 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, its agent, or the 

law; 

(6) a statement that the information in the notification is accurate, and under penalty of 

perjury, that the complaining party is authorized to act on behalf of the owner of an 

exclusive right that is allegedly infringed upon. 

Counter Notification 

If you believe your own copyrighted material has been removed from the Site as a result 

of a mistake or misidentification, you may submit a written counter notification to [us/our 

Designated Copyright Agent] using the contact information provided below (a “Counter 

Notification”). 

To be an effective Counter Notification under the DMCA, your Counter Notification must 

include substantially the following: 

(1) identification of the material that has been removed or disabled and the location at 

which the material appeared before it was removed or disabled; 

(2) a statement that you consent to the jurisdiction of the Federal District Court in which 

your address is located, or if your address is outside the United States, for any judicial 

district in which we are located; 

(3) a statement that you will accept service of process from the party that filed the 

Notification or the party's agent; 

(4) your name, address, and telephone number; 

(5) a statement under penalty of perjury that you have a good faith belief that the 

material in question was removed or disabled as a result of a mistake or 

misidentification of the material to be removed or disabled; 

(6) your physical or electronic signature. 

If you send us a valid, written Counter Notification meeting the requirements described 

above, we will restore your removed or disabled material, unless we first receive notice 

from the party filing the Notification informing us that such party has filed a court action 

to restrain you from engaging in infringing activity related to the material in question. 

Please note that if you materially misrepresent that the disabled or removed content 

was removed by mistake or misidentification, you may be liable for damages, including 

costs and attorney's fees. Filing a false Counter Notification constitutes perjury. 

COPYRIGHT INFRINGEMENTS 

We respect the intellectual property rights of others. If you believe that any material 

available on or through the Site infringes upon any copyright you own or control, please 

immediately notify us using the contact information provided below (a “Notification”). A 

copy of your Notification will be sent to the person who posted or stored the material 

addressed in the Notification. 

Please be advised that pursuant to federal law you may be held liable for damages if 

you make material misrepresentations in a Notification. Thus, if you are not sure that 

material located on or linked to by the Site infringes your copyright, you should consider 

first contacting an attorney.] 

TERM AND TERMINATION 

These Terms and Conditions shall remain in full force and effect while you use the Site. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND 

CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND 

WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE 

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY 

REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH 

OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE 

TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE 

MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR 

ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY 

TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from 

registering and creating a new account under your name, a fake or borrowed name, or 

the name of any third party, even if you may be acting on behalf of the third party. 

In addition to terminating or suspending your account, we reserve the right to take 

appropriate legal action, including without limitation pursuing civil, criminal, and 

injunctive redress. 

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time 

or for any reason at our sole discretion without notice. However, we have no obligation 

to update any information on our Site. We also reserve the right to modify or discontinue 

all or part of the Site without notice at any time. 

We will not be liable to you or any third party for any modification, price change, 

suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience 

hardware, software, or other problems or need to perform maintenance related to the 

Site, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise 

modify the Site at any time or for any reason without notice to you. You agree that we 

have no liability whatsoever for any loss, damage, or inconvenience caused by your 

inability to access or use the Site during any downtime or discontinuance of the Site. 

Nothing in these Terms and Conditions will be construed to obligate us to maintain and 

support the Site or to supply any corrections, updates, or releases in connection 

therewith. 

GOVERNING LAW 

These Terms and Conditions and your use of the Site are governed by and construed in 

accordance with the laws of the State of [Maryland] applicable to agreements made and 

to be entirely performed within the State/Commonwealth of [Maryland], without regard to 

its conflict of law principles. 

DISPUTE RESOLUTION 

Option 1: Any legal action of whatever nature brought by either you or us (collectively, 

the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state 

and federal courts located in [Wicomico] County, [Maryland], and the Parties hereby 

consent to, and waive all defenses of lack of personal jurisdiction and forum non 

conveniens with respect to venue and jurisdiction in such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of 

Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded 

from these Terms and Conditions. In no event shall any claim, action, or proceeding 

brought by either Party related in any way to the Site be commenced more than 

__1____ years after the cause of action arose. 

Option 2: Informal Negotiations 

To expedite resolution and control the cost of any dispute, controversy, or claim related 

to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) 

brought by either you or us (individually, a “Party” and collectively, the “Parties”), the 

Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly 

provided below) informally for at least ___10___ days before initiating arbitration. Such 

informal negotiations commence upon written notice from one Party to the other Party. 

Binding Arbitration 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute 

(except those Disputes expressly excluded below) will be finally and exclusively 

resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS 

PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A 

JURY TRIAL. 

The arbitration shall be commenced and conducted under the Commercial Arbitration 

Rules of the American Arbitration Association ("AAA") and, where appropriate, the 

AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer 

Rules"), both of which are available at the AAA website www.adr.org. 

Your arbitration fees and your share of arbitrator compensation shall be governed by 

the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 

[If such costs are determined to by the arbitrator to be excessive, we will pay all 

arbitration fees and expenses.] 

The arbitration may be conducted in person, through the submission of documents, by 

phone, or online. The arbitrator will make a decision in writing, but need not provide a 

statement of reasons unless requested by either Party. 

The arbitrator must follow applicable law, and any award may be challenged if the 

arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or 

applicable law, the arbitration will take place in Wicomico County, Maryland. 

Except as otherwise provided herein, the Parties may litigate in court to compel 

arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter 

judgment on the award entered by the arbitrator. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall 

be commenced or prosecuted in the state and federal courts located in [Wicomico] 

County, [Maryland], and the Parties hereby consent to, and waive all defenses of lack of 

personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in 

such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of 

Goods and the the Uniform Computer Information Transaction Act (UCITA) are 

excluded from these Terms and Conditions. 

In no event shall any Dispute brought by either Party related in any way to the Site be 

commenced more than __1___ years after the cause of action arose. If this provision is 

found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute 

falling within that portion of this provision found to be illegal or unenforceable and such 

Dispute shall be decided by a court of competent jurisdiction within the courts listed for 

jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that 

court. 

Option 3: Binding Arbitration 

To expedite resolution and control the cost of any dispute, controversy or claim related 

to these Terms and Conditions (each a "Dispute" and collectively, “Disputes”), any 

Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) 

shall be finally and exclusively resolved by binding arbitration. 

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE 

RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be 

commenced and conducted under the Commercial Arbitration Rules of the American 

Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary 

Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are 

available at the AAA website www.adr.org. 

Your arbitration fees and your share of arbitrator compensation shall be governed by 

the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 

[If such costs are determined to by the arbitrator to be excessive, we will pay all 

arbitration fees and expenses.] 

The arbitration may be conducted in person, through the submission of documents, by 

phone, or online. The arbitrator will make a decision in writing, but need not provide a 

statement of reasons unless requested by either Party. The arbitrator must follow 

applicable law, and any award may be challenged if the arbitrator fails to do so. 

Except where otherwise required by the applicable AAA rules or applicable law, the 

arbitration will take place in [Wicomic County, [Maryland]. Except as otherwise provided 

herein, the Parties may litigate in court to compel arbitration, stay proceedings pending 

arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the 

arbitrator. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall 

be commenced or prosecuted in the state and federal courts located in [Wicomico] 

County, [Maryland], and the Parties hereby consent to, and waive all defenses of lack 

of, personal jurisdiction, and forum non conveniens with respect to venue and 

jurisdiction in such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of 

Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded 

from these Terms and Conditions. In no event shall any Dispute brought by either Party 

related in any way to the Site or Services be commenced more than ___1___ years 

after the cause of action arose. 

If this provision is found to be illegal or unenforceable, then neither Party will elect to 

arbitrate any Dispute falling within that portion of this provision found to be illegal or 

unenforceable and such Dispute shall be decided by a court of competent jurisdiction 

within the courts listed for jurisdiction above, and the Parties agree to submit to the 

personal jurisdiction of that court. 

Option 2/Option 3: Restrictions 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties 

individually. To the full extent permitted by law, (a) no arbitration shall be joined with any 

other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a 

class-action basis or to utilize class action procedures; and (c) there is no right or 

authority for any Dispute to be brought in a purported representative capacity on behalf 

of the general public or any other persons. 

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration 

The Parties agree that the following Disputes are not subject to the above provisions 

concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to 

enforce or protect, or concerning the validity of, any of the intellectual property rights of 

a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion 

of privacy, or unauthorized use; and (c) any claim for injunctive relief. 

If this provision is found to be illegal or unenforceable, then neither Party will elect to 

arbitrate any Dispute falling within that portion of this provision found to be illegal or 

unenforceable and such Dispute shall be decided by a court of competent jurisdiction 

within the courts listed for jurisdiction above, and the Parties agree to submit to the 

personal jurisdiction of that court. 

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, 

or omissions that may relate to the Site, including descriptions, pricing, availability, and 

various other information. We reserve the right to correct any errors, inaccuracies, or 

omissions and to change or update the information on the Site at any time, without prior 

notice. 

DISCLAIMER 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE 

THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE 

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL 

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND 

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED 

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 

AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS 

ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE 

CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO 

LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR 

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR 

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR 

ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR 

USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL 

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY 

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) 

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE 

TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) 

ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY 

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY 

CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 

SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME 

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED 

BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY 

WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER 

ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE 

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 

THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM 

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND 

EXERCISE CAUTION WHERE APPROPRIATE. 

LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, OR AGENTS BE LIABLE TO YOU OR 

ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, 

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST 

PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM 

YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE 

POSSIBILITY OF SUCH DAMAGES. 

[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE 

FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] 

[THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH 

PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN 

STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE 

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS 

OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL 

RIGHTS.] 

INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, 

affiliates, and all of our respective officers, agents, partners, and employees, from and 

against any loss, damage, liability, claim, or demand, including reasonable attorneys’ 

fees and expenses, made by any third party due to or arising out of: (1) [your 

Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any 

breach of your representations and warranties set forth in these Terms and Conditions; 

(5) your violation of the rights of a third party, including but not limited to intellectual 

property rights; or (6) any overt harmful act toward any other user of the Site with whom 

you connected via the Site. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the 

exclusive defense and control of any matter for which you are required to indemnify us, 

and you agree to cooperate, at your expense, with our defense of such claims. We will 

use reasonable efforts to notify you of any such claim, action, or proceeding which is 

subject to this indemnification upon becoming aware of it. 

USER DATA 

We will maintain certain data that you transmit to the Site for the purpose of managing 

the Site, as well as data relating to your use of the Site. Although we perform regular 

routine backups of data, you are solely responsible for all data that you transmit or that 

relates to any activity you have undertaken using the Site. 

You agree that we shall have no liability to you for any loss or corruption of any such 

data, and you hereby waive any right of action against us arising from any such loss or 

corruption of such data. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND 

SIGNATURES 

Visiting the Site, sending us emails, and completing online forms constitute electronic 

communications. You consent to receive electronic communications, and you agree that 

all agreements, notices, disclosures, and other communications we provide to you 

electronically, via email and on the Site, satisfy any legal requirement that such 

communication be in writing. 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, 

ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, 

POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY 

US OR VIA THE SITE. 

You hereby waive any rights or requirements under any statutes, regulations, rules, 

ordinances, or other laws in any jurisdiction which require an original signature or 

delivery or retention of non-electronic records, or to payments or the granting of credits 

by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint 

Assistance Unit of the Division of Consumer Services of the California Department of 

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, 

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

MISCELLANEOUS 

These Terms and Conditions and any policies or operating rules posted by us on the 

Site constitute the entire agreement and understanding between you and us. Our failure 

to exercise or enforce any right or provision of these Terms and Conditions shall not 

operate as a waiver of such right or provision. 

These Terms and Conditions operate to the fullest extent permissible by law. We may 

assign any or all of our rights and obligations to others at any time. We shall not be 

responsible or liable for any loss, damage, delay, or failure to act caused by any cause 

beyond our reasonable control. 

If any provision or part of a provision of these Terms and Conditions is determined to be 

unlawful, void, or unenforceable, that provision or part of the provision is deemed 

severable from these Terms and Conditions and does not affect the validity and 

enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created 

between you and us as a result of these Terms and Conditions or use of the Site. You 

agree that these Terms and Conditions will not be construed against us by virtue of 

having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of 

these Terms and Conditions and the lack of signing by the parties hereto to execute 

these Terms and Conditions. 

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information 

regarding use of the Site, please contact us at: 

Faith Over Fear Economic Empowerment Inc. 

P.O. Box 2885 

Salisbury, MD 21802 

443-206-6235 

info@faithoverfeareei.org

Faith Over Fear Economic Empowerment Inc

Non-profit organization supporting minority businesses

© 2020 by FOF

P.O. Box 2885

Salisbury, MD 21802

(443) 206-6235