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 ) 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.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.orgor 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:

Publicity Release
Privacy Policy

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.

Use Of The Site P2

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 Releaseownership 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", "Disclaimer Of Warranties P1" Disclaimer Of Warranties P1

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 thatthe 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 "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 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.