TERMS OF USE & DISPUTE RESOLUTION

This Agreement was last modified on February 14, 2021.

Preliminary Provisions

Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before accessing outlovehate.com and any affiliated website or application (collectively, the “Site") in any way. The Site is operated by OnePulse Foundation, Inc. and its related entities ("us", "we", "our", or the “Operator”). This Agreement is between the Operator and you as a user of this Site (“you” or “User”) and sets forth the legally binding terms and conditions for your use of the Site and its services.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms of Use. As sufficient consideration for your assent to this Agreement, you are provided access to the Site and its available services (the “Services”). You agree not to use the Site or Services if doing so would violate the law(s) of your jurisdiction.

This Agreement outlines the rules concerning your use of the Site and also the terms and conditions of any account you create, and your submission of any Materials (as that term is defined in the Publicity Release). PLEASE READ THE AGREEMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

Dispute Resolution

THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY.

Informal Resolution – We are a not-for-profit organization dedicated to the community. If a dispute arises between you and us, we strive to resolve the dispute fairly, quickly, and efficiently. Accordingly, you agree to first give us an opportunity to resolve any dispute, claim, or controversy arising out of or relating to your access or use of our Site, this Agreement, our Publicity Release, our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, or the relationship between you and us in connection with the Site or these or previous versions of this Agreement, our Publicity Release, or our Privacy Policy ("Claim") by contacting us at info@onePULSEFoundation.org before taking any other action. If we are not able to resolve your Claim within sixty (60) calendar days after we receive written notice from you of your Claim, you may seek relief for your Claim through arbitration or small claims court, as detailed below.

Governing Law & Venue – This Agreement, our Publicity Release, and our Privacy Policy, and the rights of the parties hereunder shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise provided by the Mandatory Arbitration provision below, any Claim shall be brought in a court located in Orange County, Florida, USA.

Mandatory Arbitration – Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in Orange County, Florida, USA, is a claim of $5,000 or less, excluding costs, interest, and attorneys’ fees. Binding arbitration also applies to Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply this Agreement, our Publicity Release, and our Privacy Policy as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited. Arbitration shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. We may attend the arbitration by phone, videoconference, or other remote method.

Initiating Arbitration of Claim – To begin an arbitration proceeding, you must first send a letter requesting arbitration and describing your Claim to:

onePULSE Foundation
PO Box 2126
Orlando, FL 32802
ATTN: Legal – Arbitration Claims

If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

Unless otherwise prohibited by applicable law, and except for New Jersey residents, any Claim must be filed within two (2) years from the date on which such Claim arose or accrued. All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to $5,000.00,provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.

WAIVER OF CLASS RIGHT & JURY RIGHT – ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS (WHETHER IN ARBITRATION OR COURT) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Use (and other incorporated terms) by posting the updated terms on the Site. Such changes shall be effective immediately upon posting of the revised terms on this Site. The effective date of the updated Terms of Use will appear at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

Please review this Agreement periodically for changes. By accessing or using the Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Incorporations by Reference

You understand and agree that this Agreement represents the primary terms and conditions governing your use of the Site and Services. However, we have provided additional guidelines, rules and policies for such use. Those documents are hereby incorporated by reference into this Agreement and found here:

Use of the Site

As a condition of your use of the Site, you represent and warrant the following:

• You are at least 18 years old;
• You possess the legal ability and authority to create a binding legal obligation;
• You will use the Site in accordance with these Terms of Use;
• All information supplied by you on the Site is true, accurate, current, and complete;
• You are wholly responsible for any activities conducted through your account;
• You shall not interfere with anyone else's use and enjoyment of the Site or other similar services.

The Site is for your personal and non-commercial use, unless otherwise specified by us in writing. You may not use the Site for any other purpose, including any commercial purpose,without the prior express written permission of an authorized representative of the Operator in each instance, which permission will be at Operator’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site, in whole or in part.

Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the provisions set forth in this Agreement. In addition, to the extent that we are legally advised to do so, you acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.

We may terminate your access to the Site and/or Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, the Publicity Release, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Operator reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. Any new features on this Site shall also be subject to this Agreement. In the event of termination, you will still be bound by your obligations under the Terms of Use, the Publicity Release, and Privacy Policy, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Operator shall not be liable to you or any third-party for any termination of your access to the Site. The Operator reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. The latest version of the Terms of Use will supersede all previous versions.

Security.

Any passwords used for the Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, we may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use. We reserve the right to fully cooperate with any law enforcement authorities or court order 5

requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Intellectual Property

The Site and its original content, features and functionality are owned by the Operator and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

User-Generated Content

In addition to the following terms, any submission you make to us via the Site or otherwise is governed by the Publicity Release.
When making any submission, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

• you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
• advocates or could reasonably serve to encourage, either directly or indirectly, any illegal activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
• is vulgar, obscene, pornographic, incendiary, or indecent;
• threatens or abuses others;
• is libelous or defamatory towards others;
• is racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
• harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
• > falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
• > advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
• solicits funds, advertisers or sponsors for any purpose;
• > includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
• amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
• > disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Site and/or any networks connected to the Site;
• or
• contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You remain solely responsible for the content of your submissions. You acknowledge and agree that neither us nor any third party that provides Content to us will assume or have any liability for any action made by us or such third party with respect to any submission. You acknowledge that the Site may or may not pre-screen submissions, yet we and our designees shall have the right, but not the obligation, in our sole discretion, to pre-screen, refuse, remove, or delete any Materials that violates this Agreement or is otherwise objectionable as determined by the us in our sole discretion.

WHILE WE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE SITE AND SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, WE MAY SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE AND SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. You agree that the we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site and/or Services.

Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE 7 PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NONINFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

THE OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS SERVICES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (OR WHERE RELEVANT, CAUSED BY):

• LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
• YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE;
• UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
• THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE;
• ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION;
• ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES;
• ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, 8 DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS;
• DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE;
• ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER PHYSICAL DAMAGES;
• ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT.

THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

The Operator’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, the Operator’s liability shall in any event not exceed the lesser of either: (a) the aggregate of your donations to us; or (b) $250.00.

New Jersey Residents – The above-referenced limitation on liability does not apply to New Jersey residents to the extent any such damages are a direct result of the Operator’s negligence, willful misconduct, or legal claims arising from the same. This limitation does not apply to the acts or omissions of others.

Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

• A clear identification of the copyrighted work you claim was infringed.
• A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
• Your address, email address and telephone number.
• A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
• A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to info@onePULSEFoundation.org with subject line reading “IP/Trademark Infringement – [name of person or entity making claim]” or by writing to our mailing address with ATTN: Legal – IP/Trademark.”

Miscellaneous

Indemnification – YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE OPERATOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE AND/OR THE SERVICES.

Force Majeure – A force majeure event is any event beyond either our or your control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electromagnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. We do not guarantee continuous access without interruption to the Site.

Language Translation – The Site and the Terms of Use, and other incorporated terms, may exist in a number of languages and local versions (identified by different top-level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

Severability – The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

Reservation of Rights – Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights.

No Joint Venture – You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Site.

Headings – The section titles in the Agreement are for convenience only and have no legal or contractual effect.

California Residents – The Department of Consumer Affairs for the State of California may be contacted at: www.dca.ca.gov/consumers/index.shtml.

Contact Us

If you have any questions about this Agreement or the Site, please contact us.

PRIVACY POLICY

This Privacy Policy was last modified on February 14, 2021.

This policy describes OnePulse Foundation, Inc.’s (the “Foundation”, “us”, “we”, or “our”) practices regarding personally identifiable information and data. This policy applies to data received from our websites, applications, email, and text messages, call center, and social media accounts (the “Service”). When you use the Service, you agree to the terms in this policy However, please see our Publicity Release, which governs your rights and our rights in respect to the submission of Materials (as defined in the Publicity Release).

Personal data and financial transactions are collected and stored via our partner Bloomerang who maintains a privacy policy of their own.

By making an account with the Site, you agree that we and/or our business partners may regularly send you marketing emails and/or text messages, phone calls, and other communications, which may include promotional coupons, discounted rates, and other services.

This Privacy Policy is governed by our Terms of Use. Except as specifically defined in this Privacy Policy, terms defined in the Terms of Use shall have the same meaning herein.

THE CATEGORIES OF PERSONAL INFORMATION WE COLLECT

Service information: When you use the Service, we may collect information from you. Some of it may be personal information. This information can include, but is not limited to, search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.

Account and submission information: If you create an account and/or submit Materials, we may need additional information from you. This information can include your name, age, birthday, gender, physical address, email address, telephone number, credit card information, and billing address.

Contact information: If you choose to contact us, we will collect any inquires, complaint or other information that you may submit to us.

Promotional information: If you choose to participate in a sweepstake, contests or similar campaign, we will collect any information you provide in relation to such activity such as photos, images, captions or other content, in accordance with the terms provided at that time.

When you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorization to provide it to us.

HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal information you give to us: We collect your personal information directly from you. For example, when you provide us your personal information when you create an account, submit Materials, contact us, or participate in a contest or sweepstake.

Personal information we collect passively: We also collect your personal information passively. For example, we may collect information about you over time and across different websites when you visit this platform. We also use tracking tools like cookies, pixels, and beacons. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our website and marketing efforts. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Site.

Features of our Service may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and provide you with offers and services that may be of interest to you. We do not have control over your device settings.

Personal information we receive from third parties: We may sometimes collect your personal information from third parties. This can include when you log in using a thirdparty platform, such as Facebook. In addition, we may also integrate third party software (i.e. Google’s Invisible CAPTCHA) that collects information about users for security reasons.

Analytics

We may use third-party Service Providers to monitor and analyze the use of Site and any campaign.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity

For more information on the privacy practices of Google, please visit the Google Privacy &Terms web page: http://www.google.com/intl/en/policies/privacy/

WHY WE USE YOUR PERSONAL INFORMATION

Your personal information may be used in the following ways:

Improving our services: To improve our Site and Service, to better understand the users of our Site and Service, and to protect our property and to prevent damage to them. This may also include gathering and analyzing information so that we can improve our marketing and fundraising campaigns, and to detect, prevent and address technical issues.

Marketing activities: We use your information for marketing purposes. These activities may include:

• To display more relevant advertising and recommendations, or suppress advertising and content that you might find irrelevant. This advertising might be shown to you on our Service as well as third party Service (including social media sites) and include information or offers that we, or our business partners’, believe you will find interesting. Individualized advertising may be based on information collected through cookies or other tracking technologies.
• If you choose to participate in promotional activities (such as sweepstakes, competitions or other similar campaigns), relevant information may be used to administer these promotions.

Communication: We may use your information:

• To send transaction confirmations;
• To send alerts and notifications you have subscribed to, including to your mobile device;
• To solicit reviews;
• To communicate with you if you have contacted us;
• To send you information servicing and administrative emails;
• To notify you about changes to our campaigns and Site
• To provide support;
• To provide you with news and general information about other goods, details and special events, unless you have opted not to receive such information.

Legal purposes: In certain circumstances, we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance or to enforce the terms of use of the Service and Site.

Performance of a contract: The use of your personal information may be necessary to perform the Service. For example, if you make a donation on our Site, we need to collect personal information from you in order to complete the transaction and process payment. We may use your information to allow you to participate in interactive features of our campaign and website when you choose to do so.

Legitimate interest: We may use your personal information for our legitimate interests, such as displaying relevant advertising and recommendations and for legal purposes.

Consent: We may rely on your consent to use your data for certain direct marketing purposes. You can withdraw your consent anytime by contacting us or change your settings in your account as described below. However, your withdrawal of consent will in no way impact the applicability of the Publicity Release to Materials you have submitted or will submit.

NON-PERSONAL/ ANONYMIZED INFORMATION

Personal information is information you provide us which personally identifies you, such as your name, physical address, email address, phone number, credit card number and type (but only where we are processing payments at your request), password, age/birthday, phone number, social media identifiers, email or other personally identifying information. We do not intentionally collect any personal information about your race, ethnicity, or political affiliations.

Aggregated non-personal information (also known as de-identified information or anonymized information) is different from personal information. Aggregated non-personal information is information about our users, their computers or devices and/or use of our Service that are collected into groups so that it no longer reflects or references an individually identifiable user. This information may include, without limitation, information about use of our Service, web pages viewed or used, Service content accessed or used, IP addresses and device identifiers, information about hardware or software used to access the Service, user location information, page views, app usage, customization settings relating to the Service, and other types of information we collect that cannot reasonably be used to identify you personally. We may collect and use aggregated nonpersonal information to improve the Service or for any other reason, at its sole discretion.

HOW WE SHARE YOUR PERSONAL INFORMATION

Corporate affiliates and change of control: We may share your personal information with our corporate affiliates, and if the Foundation itself (or part of its business) is sold or otherwise changes control, owners would have access to your personal information for the uses set out herein.

Service providers: We may share your personal information with suppliers who perform services on our behalf and have agreed in writing to protect and not further disclose your information.

Payment service providers: We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors as data controllers whose use of your personal information is governed by their privacy policy. Personal data and financial transactions are collected and stored via our partner Bloomerang who maintains a privacy policy of their own.

Business partners: While we do not sell your personal information, we may share your personal information with various business partners with whom we may jointly offer products or services, or whose products or services may be offered on the Site. Some of these business partners may use your personal information for online behavioral advertising purposes, or to offer you services or products that we believe you may be interested in. We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners. We may also share anonymous aggregated usage information with partners.

Information shared in public: As more specifically provided by the Publicity Release, personal information in Materials you submit to us may be made public.

Authorities: We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes, and administrative or criminal investigations. We may also disclose your personal information if the disclosure is, as determined by us in good faith, necessary for the prevention, detection, or prosecution of criminal acts or to prevent other damage or liability, or in response to a legal action or to enforce our rights and claims.

We may also share anonymous aggregated information with others.

HOW WE STORE AND PROTECT YOUR PERSONAL INFORMATION

Our servers and data centers are located in the U.S., and our service providers may be located there or in other countries. By providing us personal information, you agree that your personal information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries and their jurisdiction over data held by the Foundation, we will provide the necessary safeguards to maintain protections of your personal information.

The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. Thus, you hereby release the Foundation from liability for any such possible attacks or intrusions that might compromise the security of your data.

RETENTION PERIODS

We retain your personal information for communications related to your transactions and submissions, for analytical purposes, and for record keeping for as long as you have an account with us.

We will also retain your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our rights, agreements, and policies.

OTHER WEBSITES

You may find advertising or other content on the Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and consumer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies.

MINORS

The Site and the Service are not directed to individuals under the age of eighteen (18), and we do not knowingly collect personal information from minors. If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us so we can delete it.

CHANGES TO THIS POLICY

We may modify this policy at any time and without prior notice. We will notify you of major changes to how we use your personal information prior to implementing them. We may notify you about such a material change by email or prominent notice on our website. By using our services and Service after we post these changes, you indicate you accept them.

RIGHTS WITH RESPECT TO PERSONAL INFORMATION

Certain jurisdictions provide their citizens with additional rights relating to data. Although the laws in these jurisdictions may not apply to the Foundation, we will, where reasonably possible, provide the following services for users in jurisdictions where such rights apply

• Access: You may be entitled at any time to obtain information about your personal information in accordance with applicable law and without any fee. This includes the categories of personal information we have collected about you, the sources from which the personal information was collected, the purpose for such information, what and to whom we have disclosed the information for a business or other purpose. However, in exceptional cases we ask you to pay reasonable fee before we provide the information if permitted by applicable law.
• Rectification: You may request that we rectify any of your personal information that is incomplete or incorrect.
• Deletion: You may request that we delete your account.
• Objection: You may object, at any time, to your personal information being processed for direct marketing purposes.
• Restrictions of processing: You may ask us to cease processing of your personal information for example if you have objected to the processing and the existence of legitimate ground is still under consideration.
• Data portability: You may request us to send you your personal information in a commonly used and machine-readable format which shall be decided on in the Foundation’s sole discretion.
• Right to withdraw consent: You may have the right to withdraw your consent at any time, without affecting the lawfulness of our processing based on such consent before it was withdrawn.
• Other: We do not sell your personal information. We will not discriminate against you for exercising your rights under this Privacy Policy or any applicable law that prohibits such discrimination.

We may request proof of your identity before acting upon any request. Generally, such request will only cover our data practices within the 12 months preceding your request. We may not be able to allow you to access certain personal information in some cases. For example, if your personal information is connected with personal information of other persons, or for legal reasons. In such cases, we will provide you with an explanation why you cannot obtain this information. We may also deny your request for deletion or rectification of your personal information due to statutory provisions, especially those affecting the Foundation’s accounting, processing of claims, and mandatory data retention, which may prohibit deletion or anonymization, or if you are from a jurisdiction that does not provide these rights.

NOTWITHSTANDING THE FOREGOING, OR ANY APPLICABLE LAW THAT GOVERNS THE COLLECTION, PROCESSING, USE, OR STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION, NOTHING HEREIN SHALL BE DEEMED TO MODIFY, OR GIVE YOU A RIGHT TO MODIFY, THE PUBLICITY RELEASE, WHICH IS IRREVOCABLE IN RESPECT TO MATERIALS YOU HAVE SUBMITTED OR WILL SUBMIT.

HOW TO CONTACT US OR MAKE A COMPLAINT

We control the processing of personal information on its Service. To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact us using at info@outlovehate.com.

HOW THE FOUNDATION RESPONDS TO “DO NOT TRACK” SIGNALS

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals and thus the Site does not support such signals.

GOVERNING LAW AND USERS OUTSIDE OF FLORIDA

Unless otherwise stated in a part of the Service, the Service is controlled, operated and administered by us from our office in Florida, United States of America and this policy is provided in accordance with and subject to applicable U.S. law and the law of the State of Florida. If you are based outside Florida and decide to access the Service from your location outside of Florida, you hereby agree to be subject to this notice and waive all privacy-related rights in other jurisdictions that conflict with Florida law or this policy. You should not provide us with any personal information unless you consent to the application of Florida law, and to the use and disclosure of your information in accordance with the terms of this policy.