{"id":20608,"date":"2017-11-27T11:36:16","date_gmt":"2017-11-27T19:36:16","guid":{"rendered":"https:\/\/actionworks.patagonia.com\/?page_id=20608"},"modified":"2024-01-09T10:34:41","modified_gmt":"2024-01-09T18:34:41","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/www.patagonia.com\/actionworks\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"
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Effective Date: July 9, 2019<\/b><\/span><\/p>\n

IMPORTANT \u2013 THESE TERMS OF USE ARE A LEGAL AGREEMENT (\u201cAgreement\u201d) BETWEEN EACH END USER (referenced herein as \u201cYou\u201d or with \u201cYour\u201d) AND PATAGONIA, INC. (referenced herein as \u201cPatagonia\u201d) THAT APPLIES EACH TIME YOU USE OR ACCESS THE PATAGONIA ACTION WORKS WEBSITE<\/i> LOCATED AT https:\/\/www.patagonia.com\/actionworks<\/span><\/a> (INCLUDING ANY MOBILE VERSION(S) OR ASSOCIATED PATAGONIA-CONTROLLED SOCIAL MEDIA PAGE(S)) <\/span>(referenced collectively herein as the \u201cSite\u201d). PATAGONIA IS WILLING TO ALLOW ACCESS TO AND USE OF THE SITE AND PROVIDE ITS RELATED <\/span>INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT IMMEDIATELY.<\/span><\/p>\n

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  1. Role. <\/b>Through the Site, Patagonia serves as an intermediary to facilitate connections between charitable grassroots organizations who Patagonia has previously funded (\u201cGrantees\u201d) and individuals seeking information from them (\u201cParticipant(s)\u201d). Each Grantee listed on the Site has received funding from Patagonia (directly or through a donor-advised fund) to help support its mission. However, Patagonia is not affiliated with any of the Grantees or directly involved in the conduct of their activities or operations. Moreover, Patagonia does not provide the information posted with respect to any particular Grantee or its activities or events. All Grantees are independent third parties. Content for each Grantee has been drafted and <\/span>provided by that Grantee. Patagonia merely provides the Site as a technology platform to help facilitate donations by Participants to Grantees through Network for Good, Inc. a Delaware nonprofit and donor-advised fund (\u201cNFG\u201d), as described below, and further, to allow Grantees to promote their mission and purpose, and for Participants to volunteer, attend events, and learn more about Grantees. The existence of the Site is not a solicitation of donations by Patagonia, and Patagonia does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. The Site will include information or tools specifying how Participants can reach out to and become more involved with Grantees. Patagonia does not participate in such further involvement. By using this Site, You understand that Patagonia shall not be responsible for the use of Your donation(s) made through the Site.<\/span><\/li>\n
  2. <\/b>License Grant. <\/b>This Agreement provides to You a personal, revocable, limited, nonexclusive, nontransferable, and non-sublicenseable license to use the Site conditioned on Your continued compliance with these terms. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices.<\/span><\/li>\n
  3. <\/b>License Grant Restrictions. <\/b>This Agreement is only a license and not an assignment or sale. Patagonia transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Further, Patagonia reserves all rights not expressly granted by this Agreement. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site (or any part thereof).<\/span> <\/b><\/li>\n
  4. <\/b>Your General Obligations. <\/b>You represent that You are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site. You also acknowledge and agree that use of the internet and access to the Site is solely at Your own risk. While Patagonia has endeavored to create a secure and reliable Site, You should understand that<\/span> the confidentiality of any communication or material transmitted to or from the Site over the internet or other form of global communication network cannot be guaranteed.<\/span><\/b><\/li>\n
  5. Charities. <\/b>If You are a Grantee or an agent of such Grantee using the Site to raise funds for such Grantee, You agree that You will comply with all applicable state and provincial solicitation and\/or fundraising laws, and You represent and warrant that such Grantee has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code, and has authorized You to solicit funds on its behalf through the Site. If You create a page on the Site on behalf of a Grantee, You represent and warrant that You: (a) are the authorized representative of the Grantee with the authority: (i) to solicit donations for the Grantee; and (ii) to bind the Grantee to these terms, including the grant of rights for Patagonia to use Grantee\u2019s name, logo(s) and other materials as described below; and (b) are using Your donations only as You have described on the Site.\u00a0 <\/span>In addition, by creating a page on the Site on behalf of a Grantee, You agree that Patagonia may use Grantee\u2019s name and logo(s), and any photographs or other content submitted by Grantee, on the Site and on Patagonia.com in connection with the Patagonia Action Works program.\u00a0 \u00a0<\/span><\/span><\/b><\/li>\n
  6. Donors; Donations<\/b>. By donating money through the Site, You represent and warrant that any donation You make is legal in Your jurisdiction and that You are authorized to use the payment method You have selected. You agree and acknowledge that: (a) all donations through the Site are made as unrestricted gifts and may not be restricted to any particular purpose; (b) donations and transaction fees will be charged to the credit or debit card or other payment method You use through NFG\u2019s payment processor (as described below), and Patagonia does not collect or store Your payment card information; (c) all donations are final and nonrefundable. When You make a donation through the Site it is at Your own risk and You acknowledge that it is Your responsibility to understand how Your money will be used. Patagonia does not warrant that donations will be used for any particular purpose and is not responsible for any misuse of donations.<\/span><\/b><\/li>\n
  7. No Tax Advice. <\/b>Patagonia makes no representation as to whether all or any portion of Your donation(s), including, if any, transaction fees, are tax <\/b><\/span>deductible or eligible for tax credits. Patagonia will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by You. You should always seek the advice of a qualified tax professional<\/span> <\/b>regarding the availability of a tax benefit or deduction. The Site is provided for informational purposes only and is not intended to be a substitute for tax counseling. <\/span><\/b><\/li>\n
  8. Payment Processing. <\/b>All donations made through the Site are currently managed by NFG. NFG, in technical terms, is a \u201cdonor-advised fund,\u201d a 501(c)(3) organization that collects contributions from donors and distributes such contributions to 501(c)(3) organizations in good standing with the IRS as recommended by You, the donor. NFG is not a pass-through organization. All donations made through NFG are processed by its affiliate Network for Good, a New York corporation (\u201cNFG Processor\u201d) who is a payment processor and payment infrastructure partner, and go directly from the donor to NFG, and then, subject to NFG\u2019s approval, to the Grantee. In order to comply with federal tax laws and Internal Revenue Service regulations, NFG exercises exclusive legal control over the donations it receives, and retains the exclusive authority and discretion to regrant the funds to other charitable organizations as it sees fit. While it is highly unlikely, it is possible that You may recommend a charity that is not in good standing with the IRS or a state regulatory agency, or that otherwise does not meet NFG\u2019s criteria. In that event, NFG reserves the right, in its sole discretion, to select an alternate Grantee to receive Your donation, or to ask You to recommend an alternate charity. When a donation is processed through the Site, the donation will be forwarded to the Grantee of Your choice, subject to the limitations described herein, but NFG will appear on Your credit card statement. Patagonia is not a payment processor and does not hold funds donated through the Site.<\/span><\/b><\/li>\n
  9. Postings. <\/b>The Site may contain profiles, blogs, forums, message boards, and other interactive features and functionality where You may be able to share and post information and\/or content (\u201cPosting(s)\u201d). By submitting a Posting, You automatically grant Patagonia a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Posting (in whole or in part) worldwide and\/or to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to Patagonia and warrant that You will not upload, post, display, or transmit a Posting that is unlawful, <\/span>disruptive, or offensive or that contains information You deem confidential or sensitive. Patagonia is not responsible for screening, policing, editing, or monitoring Postings and encourages You to use reasonable discretion and caution in evaluating or reviewing any Posting. It is further understood that by merely permitting a Posting to appear on the Site, Patagonia has not become and is not a publisher of such Posting. Nevertheless, Patagonia reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to any Posting (or parts thereof) that Patagonia reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or<\/span> governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to support requests, or (v) protect the rights, property or safety of Patagonia, its customers, or the public, or that Patagonia believes in good faith violates this Agreement and\/or is, or is potentially, unlawful or harmful to Patagonia, its services, or goodwill. Patagonia reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting.<\/span><\/li>\n
  10. DMCA Takedown Provision. <\/b>Patagonia respects the intellectual property of others. When Patagonia becomes aware of express third-party allegations of copyright infringement in material distributed through the Site, Patagonia will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.<\/span><\/span><\/span>You acknowledge that You may be liable for damages, including attorneys\u2019 fees and costs, if You materially misrepresent that a work or activity is infringing Your rights. If Patagonia terminates or suspends access to or use of the Site, Patagonia will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make a counter notification pursuant to applicable laws. It is Patagonia\u2019s policy to document all notices of alleged infringement upon which Patagonia decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings. <\/span><\/span>If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide Patagonia\u2019s copyright agent with the following information:<\/span>\n