Terms of Service

Welcome to joingenerous.com (the “Site” or "Website"). These Terms of Use (these “Terms”) form a legal agreement between you (“You” or “you”) and Civotek Corp. (“Generous,” “we,” “us,” or “our”). These Terms contain the general terms and conditions under which Generous offers you various services on our Website ("Services"), including an online platform that you may use to make a charitable contribution. We will treat any information we collect or receive from you through the Site, including information that identifies you as an individual ("Personal Information", as further defined in the Privacy Policy), in accordance with our online Privacy Policy located at https://joingenerous.com/privacy-policy (the “Privacy Policy”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS OUR WEBSITE.

  1. Your Agreement.

    By accessing or using the Site in any way, including without limitation, browsing the Site, using any information, accessing and using the online donation portal, or submitting any content or Personal Information via the Site, you agree to and are bound by the terms, conditions, policies, and notices contained in these terms, including disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, venue selection, and a choice of Tennessee law.

    1. Legal Capacity.
    2. You represent and warrant that you are at least eighteen (18) years old and possess the legal right and ability to agree to these Terms. If you do not agree to these Terms or are younger than eighteen (18) years old, then please do not use this Site.

    3. Site User Acting in a Representative Capacity.
    4. If you are agreeing to these Terms on behalf of a company or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

  2. Registration; Password Protection.

    We may make certain areas of the Site accessible only to users who have registered accounts with us ("Registered Users"). While you can visit the Site without registering an account, to access and participate in certain Services, you must become a Registered User. During the registration process, you will be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate.

    If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your username and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Website and your participation in the Services. Please notify us immediately if you suspect that someone is using your username and/or password in an inappropriate manner.

  3. Donations.

    The Site provides you with an online platform (the “Platform”) via which you may make a donation, through a donor-advised fund set up to qualify as tax-exempt under Section 501(c)(3) of the Internal Revenue Code (the “Donor-Advised Fund”), to one or more non-profits and charitable organizations identified on our Site (collectively, “Charitable Causes”). Your donation is made through a third-party payment processor. Upon completion of your donation, you will receive a receipt documenting your donation via email or text message. You may select the method of delivery of the receipt when making your donation and by selecting such method of delivery hereby consent to receipt of email and/or text communications. You may opt out of these communications at any time.

    Donations made through Generous are generally tax deductible for qualifying donors. Generous Charitable Inc. (“Generous:“), a U.S.-based 501(c)(3), with a federal tax ID number (EIN) of 84-5083570, processes these donations.

    We recommend consulting with your tax preparer to confirm whether your donation is tax deductible. Generous will only make grants to U.S. charitable organizations that are tax-exempt public charities; U.S., state, or local government organizations qualified to receive tax deductible charitable contributions, such as state colleges or universities; private operating foundations; or certain non-U.S. organizations. Generous will not make grants to individuals.

    Donations made on the Platform in support of Charitable Causes are complete and final charitable gifts to the Donor-Advised Fund and are not refundable. Normally your donation to a Charitable Cause made through the Platform will be delivered to the Donor-Advised Fund rather than directly to the applicable Charitable Cause.

    The Donor-Advised Fund makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, the Donor-Advised Fund must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that a Charitable Cause does not satisfy the Donor-Advised Fund’s criteria or otherwise does not enable or accept payment the Donor-Advised Fund may select an alternative Charitable Cause to receive your donated funds. Reasons for selecting an alternative Charitable Cause may include, among other things, that the originally selected Charitable Cause (i) does not or cannot accept donations, (ii) is not recognized by the IRS as a public charity (provided that a foreign organization that, in the sole discretion and determination of the Donor-Advisor Fund, is the equivalent of a U.S. public charity or conducts programs that would qualify as charitable and educational under the Internal Revenue Code may be or become acceptable), (iii) is not in good standing with federal or state regulators, or (iv) such Charitable Cause has moved.

    By making a recommendation for donation to a particular Charitable Cause, you certify that the gift will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. By using our Site, you also certify that no gifts recommended by you will be made to satisfy charitable pledges, for participation in fund-raising events or raffles, or to pay for goods or services received by you, your family member(s) or any other person. IRS penalties may apply if you recommend a grant that results in impermissible benefits.

    In accordance with IRS regulations, the Donor-Advised Fund enforces a strict “No Refunds” policy. However, the Donor-Advised Fund recognizes circumstances wherein reversal of transactions are necessary. These include charge back and gross error transactions.

    A charge back transaction occurs when you file a dispute with your bank stating that you either did not authorize or do not recognize a transaction on an applicable credit card or bank statement. We and/or the Donor-Advised Fund will provide any available supporting documentation in an effort to resolve the any charge back transaction in favor of the Donor-Advised Fund. If funds relating to a charge back have already been re-granted to an applicable Charitable Cause, neither we nor the Donor-Advised Fund will attempt to compel such Charitable Cause to return the funds.

    A gross error transaction occurs when you make a transaction for an amount grossly different than the intended amount. For example, you make a $10,000.00 donation instead of $10.00 donation. A gross error transaction does not include: selection of the wrong Charitable Cause; donations made with an incorrect name, dedication, or designation; or any other non-financial mistake. The Donor-Advised Fund retains sole authority to determine the exact criteria of any gross error transaction. Refunds with respect to gross error transactions will only be considered if the Donor-Advised Fund has not yet re-granted the funds to a selected Charitable Clause.

  4. Ownership; Reservation of Rights.

    All information, software, videos, audio, pictures, logos, trademarks, trade dress, and other content on the Website or embodied in our programs and services, including all associated intellectual property rights (collectively, the “Generous Content”), are the property of Generous and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use.

    Neither these Terms nor your use of the Site transfers any right, title, or interest in the Site, Generous Content, or intellectual property rights to you, except those expressly granted to you in these Terms. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Generous and its third-party licensors retain all of their respective right, title, and interest to the Site, Generous Content, and intellectual property rights. Any rights not expressly granted you in these Terms are reserved by Generous.

    Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit the Site or any Generous Content or information from the Site, in whole or in part, without the express written permission of Generous.

  5. Grant of Rights.

    1. Grant of Rights to Generous in User Content.

      By submitting any content, information, or other materials when interacting with the Website, uploading files, or through other means (if such features are available to you) (collectively, the "User Content"), you grant to Generous a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Generous's operations. No compensation will be paid with respect to our use of your User Content. You represent and warrant that you own all rights needed to provide the grant set out in this Section 5.1 (Grant of Rights to Generous in User Content).

    2. Grant of Rights to You in Generous Content.

      Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Generous Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website, Services, or Generous Content; (ii) modify or make derivative works based upon the Website, Services, or Generous content; or (iii) reverse engineer, reverse compile, or access the Website, Services, or the Generous Content in order to build a competitive product or service. You may access and view the Website, Services, and the Generous Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website, Services, or the Generous Content.

  6. Code of Conduct.

    AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT (THE "CODE OF CONDUCT"), SET OUT BELOW. UNDER THIS CODE, YOU WILL NOT:

    • Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable in our sole discretion.

    • Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.

    • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

    • Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.

    • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.

    • Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

    • Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website, such as through sending "spam" email.

    • Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.

    • Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.

    • Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

  7. Monitoring; Revocation or Suspension of Use Privileges.

    We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

    Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

    Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Generous reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

  8. Reports and Complaints.

    If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 27 (Contact Information).

  9. Other Sites; Third-Party Content.

    As a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, charitable organizations, payment processors, and other entities (collectively, “Third Party Features”). The fact that we offer such Third Party Features should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.

    You should refer to the separate terms of use, privacy policies, and other rules posted on third party site that is linked from our Site (each, a “Linked Site”) before you use them. For example, if you submit Personal Information to a Linked Site, then the Personal Information that you submit to the Linked Site shall be governed by the Linked Site's privacy policy and terms of use, and not by these Terms or Generous's Privacy Policy; provided, however, if such Linked Site is collecting and/or processing such Personal Information on our behalf, then we will treat the Personal Information in accordance with our Privacy Policy. Information and views contained in Linked Sites are not adopted or endorsed by us.

    We do not author, edit or monitor these Linked Sites, and we are not responsible or liable for (i) the availability of or content provided on the Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by us, or vice-versa; (ii) third-party content accessible through the Linked Sites; (iii) any loss or damage whatsoever you may incur from dealing with any Linked Sites; or (iv) your dealings with any third parties found on or through the Site. You bear all risk associated with the use of the Linked Sites, third-party services, and your correspondence or business dealings with advertisers other than us found on or through the Site.

    Generous does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites, Third Party Features, and any other third-party content, features or functionality contained on or accessed through the Site, or any other Internet sites. We reserve the right to terminate such links or Third Party Features at any time.

  10. Third Party Materials.

    Certain materials on or features accessible through the Site may be furnished by third parties. Certain products, services, or company designations for companies other than Generous may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, products, or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.

  11. Location; Uses Outside of the U.S.

    The Site is controlled, operated, and administered by Generous from its offices or servers within the United States of America (“U.S.”). Generous makes no representations that materials or content on the Site are appropriate or available for use at locations outside of the U.S. and does not direct or intend the Site to be accessed outside of the U.S. You may not use the Site or export Generous Content in violation of U.S. export laws or regulations. If you access the Site from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.

  12. Contact for Alleged Copyright Infringement.

    Generous respects the intellectual property rights of others and requires that its users do the same. If you believe that any content (including User Content and Generous Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as follows:

    Generous
    3102 West End Avenue, Suite 1150
    Nashville, TN 37203
    Attn: Ross Buntrock, CEO
    Email: ross.buntrock@joingenerous.com

    Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

    We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user's account, and/or any interim measures that we deem appropriate.

  13. Modifications to Terms.

    Generous may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site.

  14. Termination; Modifications of Site.

    Generous reserves the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and we are not obligated to support or update the Site. In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: Section 3 (Donations); Sections 4 (Ownership; Reservation of Rights); 5.1 (Grant of Rights to Generous in User Content); 14 (Termination; Modifications of Site); 15 (Disclaimer); 16 (Limitation of Liability); 17 (Indemnity); 18 (Limitation on Actions); 19 (Governing Law and Venue); 20 (Dispute Resolution); 21 (User Conduct; User Dispute); 22 (Typographical Errors); 23 (Additional Terms); 25 (General); and 27 (Contact Information) of these Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.

  15. Disclaimer.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, INFORMATION, THIRD PARTY FEATURES, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GENEROUS AND ITS AFFILIATES, VENDORS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, INFORMATION, AND SERVICES PROVIDED ON THE SITE. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE, SERVICES, OR FEATURES AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, INFORMATION, OR SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.

  16. Limitation of Liability.

    IN NO EVENT SHALL GENEROUS OR ITS AFFILIATES OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

    IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND GENEROUS, OR ONE OF ITS AFFILIATES, THIRD-PARTY PROVIDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

    IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

  17. Indemnity.

    You agree to indemnify and hold harmless Generous, its affiliates, vendors, licensors, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, and, at Generous’s sole election, defend the foregoing, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your donation made through the Site, your violation of these Terms, or your violation of any rights of another.

  18. Limitation on Actions.

    You agree that any claim, dispute, or cause of action arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Generous to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

  19. Governing Law and Venue.

    These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice-of-law provisions that would result in the application of another law. You agree that, subject to Section 20 (Dispute Resolution) below, any action arising out of or relating in any way to your use of this Site may be commenced only in the judicial district that includes state or federal courts located in Nashville, Tennessee.

  20. Dispute Resolution.

    You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration, except that, to the extent Generous brings a claim against you, including but not limited to if you have in any manner violated or threatened to violate Generous’s intellectual property rights, Generous may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

    BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, EXCEPT AS PROVIDED HEREIN, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

    The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in the judicial district that includes Nashville, Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts located in Nashville, Tennessee.

  21. User Conduct; User Disputes.

    Generous is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other Site users, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another site user, then you release Generous (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

  22. Typographical Errors

    Generous’s goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  23. Additional Terms.

    Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

  24. Relationship to Privacy Policy and Other Contracts.

    These Terms must be read in conjunction (i) with other agreements into which you and Generous may enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

  25. General.

    If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Generous’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Generous may assign its rights and duties under these Terms without notice to you. You may not assign these Terms, in whole or in part, without the prior written consent of Generous, and any assignment in contravention of the foregoing shall be null and void. These Terms, as posted from time to time on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

  26. Acknowledgement.

    You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

  27. Contact Information.

    If you have any questions about these Terms, the practices of Generous, or your dealings with the Site, please contact us through the address provided below. You may also contact us to update your Personal Information by notifying us when you change your name or email address.

    Generous
    3102 West End Avenue, Suite 1150
    Nashville, TN 37203
    Attn: Ross Buntrock, CEO
    Email: ross.buntrock@joingenerous.com

Last updated and effective: August 18, 2020.

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