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Believe Trees’ Website Terms of Use

 

Welcome to Believe Trees! We look forward to being able to work with you at this time. We are working to make a website and app that accentuates and shares the good in the world. We strongly believe that each of our daily, intentional efforts to be or share good can change the world. We hope that you join us in our efforts to start to help each other see the power of a good deed.

 

This website at www.believetrees.org and its associated app (“Site”) is owned and operated by Believe Information Solutions, Inc. (“Believe Trees”, “Owner”, “us”, “we”, or “our”). To help ensure good communication and an understanding of our services, we have provided you as a user of this Site (“you” or “your”) with the terms and conditions that govern our services, Site operations, and other events or activities (“Terms”). If you create an account with Believe Trees, continue to use our Site or participate in events or activities listed on the Site, or you request any services from us, you consent to these Terms and agree that these Terms apply to govern our interactions.

 

Website, App and Services

 

At Believe Trees, we strive to help others believe that their good, intentional actions can make a difference. Believe Trees will continue to develop and expand over time, but will always focus on helping develop faith in the power of the individual to make a difference.

 

Our Site exists for a number of reasons, and it provides ways for you to support our work and efforts. You can donate or purchase merchandise or other goods and services to help our work continue to grow and expand.

 

Believe Trees is part of the larger Believe community, and more information about the Believe community is located at www.believe.ventures.

 

Donation Policy

 

Believe Trees accepts donations, but donations are not tax deductible. Believe Trees does not return or refund donations for any reason, and all donations are considered the property of Believe Trees, to be used in Believe Trees’ sole discretion for any purpose it deems appropriate or necessary. No donor can dictate how the funds donated have to be used, and all donors agree to not rely on any oral representations from agents of Believe Trees that funds will be used for any particular purpose.

 

Submittal of Information

 

You can provide information on Believe Trees about actions of others, including to thank them for things that they have done. When you submit information, nearly all information submitted may be viewed by other people that are connected to your tree or to the tree of others you have thanked in Believe Trees. Due to this, you represent and warrant that you agree to be responsible for any information shared and that you agree to only share information that is appropriate. We may remove any flagged or inappropriate content. You agree to indemnify and hold us harmless from any claims made by a person that you provided information of to us.

 

If a person listed publicly requests that their information be taken down or removed, we fully reserve the right to do so without contacting you or asking you for permission to do so. You agree that we have full authority to decide what information to keep up and what information to take down from public or private locations.

 

Affiliate Links

 

Believe Trees provides notice that the Site may contain links to other third-party websites or apps. Believe Trees does not warrant or guaranty the services or products provided in the links. You agree that Believe Trees provides these links as a convenience only and that you release and hold Believe Trees harmless from any and all damages or claims associated with your use of the linked sites, purchase of products or services, or other interactions with the associated companies.

 

However, if you have had a problem with a linked site or a product or service from the site, please take the time to inform Believe Trees of your experience so that Believe Trees can review the links from time-to-time to decide if some companies or products should not be offered as a link on the Site.

 

No Provision of Licensed Advice or Services

 

Believe Trees may, from time-to-time, post articles, blogs, information, or other resources. Believe Trees is not licensed as a counselor, therapist, doctor, or other expert and is only providing information and opinions. You agree to not rely on any information on the Site as being medical or other professional or licensed advice. Any medical or psychological information found on this website should not be used in place of a consultation with a physician or health care provider. You should always seek the advice of a physician or other qualified health care provider prior to starting or stopping any treatment or with any questions you may have regarding a medical condition. Believe Trees is not responsible for injuries or damages that may be incurred as a result of stopping medical treatment or failure to obtain medical treatment. You are encouraged to seek the advice of a licensed mental health counselor or other health professional for yourself or for your child(ren) if you determine it is necessary.

 

No Warranty or Guaranty

 

THIS SITE IS PROVIDED BY BELIEVE TREES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BELIEVE TREES MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU AGREE THAT ALL SERVICES ARE PROVIDED AS-IS, AND THAT YOU ARE NOT RELYING ON ANY GUARANTIES OR WARRANTIES ASSOCIATED WITH OUR SERVICES. BELIEVE TREES DOES NOT GUARANTY OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND BELIEVE TREES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BELIEVE TREES, ASSUME THE ENTIRE COST OF ALL DAMAGES (DIRECT, CONSEQUENTIAL, OR OTHERWISE) IN THE EVENT OF ANY LOSS ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR CONTENT. BELIEVE TREES MAY ALSO STOP PROVIDING THESE SERVICES AT ANY TIME, AND YOU HAVE NO CONTINUING RIGHT IN OR TO THE SERVICES PROVIDED.

 

No Oral Agreements

 

Believe Trees’ website contains relevant information for its services, but such information is subject to change at any time and is not an offer to you. You agree that you will not rely on any oral statements or promises, including from employees or volunteers, regarding information, offerings, or other services, and that the written documentation, including these Terms, form the full and complete extent of Believe Trees’ obligations to you. The written documentation expressly supersedes any oral or side agreements or expectations that are not set forth in these Terms or other documents signed between the applicable parties.

 

Restrictions on Use

 

All material included on Believe Trees’ website or other software services, such as text, graphics, logos, images, photographs, submissions, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Believe Trees, is proprietary information, and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms violates Believe Trees’ intellectual property rights. Except as expressly noted below, nothing on the Site grants a license in or to any Believe Trees trademarks, copyrights, proprietary information, or other intellectual property rights, whether by implication, estoppel or otherwise. Notwithstanding this, any items submitted by a user can also be used by the user in any manner that the user sees fit, and the user does not relinquish their rights to also use the submitted information.

 

Other than the user submitted information discussed directly above, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Believe Trees, except that:

 

  1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.

  2. You may link to the Site provided that the link does not falsely imply or suggest that Believe Trees has endorsed or is affiliated with the linked site.

  3. You can share information, articles, and stories on social media and the internet if the users are all directed to Believe Trees’ website where the information is originally located.

 

Users of the Site must not:

 

  1. Monitor, gather or copy any Content on the Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

  2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).

  3. Engage in any activities through or in connection with the Site that seeks to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.

  4. Attempt to circumvent the security systems of the Site.

  5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Believe Trees server.

  6. Attempt to use the Site for any purpose other than those intended by Believe Trees, as determined by Believe Trees in its sole discretion.

  7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

  8. Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site. You also agree that, in using this Site, you will not impersonate any person or entity.

  9. Upload or improperly use any information or intellectual property that belongs to another person or entity without their written consent.

 

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Believe Trees becomes aware that you are copying, modifying or distributing the Content from the Site other than for the permitted uses of the Site, Believe Trees reserves the right to revoke your right to these permitted uses. Believe Trees further reserves the right to update these Terms and revoke any of the permitted uses listed above.

 

Further, Believe Trees may remove any content or information from the Site, without notice to you (even if you provided or uploaded the information), if Believe Trees receives notice of a copyright or other intellectual property violation or if Believe Trees determines it necessary to do so, in its sole discretion, including for removing content that is harmful, negative, inappropriate, or otherwise improper. You agree that you have no ongoing right to have any content or information remain on the Site.

 

Limitation of Liability

 

Neither Believe Trees, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. You agree to release Believe Trees from any and all claims associated with your use of this Site or your use of Believe Trees’ services. In no event shall Believe Trees be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Believe Trees has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site or from Believe Trees. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and the parties acknowledge that Believe Trees would not grant access to the Site or provide any services without your agreement to these Terms, including without limitation this specific term.

 

If a court determines that the above limitation of liability does not apply for any reason, you agree that the maximum extent of Believe Trees’ liability for any of its services, information, activities, or others items, including without limitation for those agreed to in contract or otherwise, is the amount Believe Trees actually agreed to pay or, if Believe Trees did not agree to any particular amount, then you agree that the maximum amount of liability for Believe Trees is $100 for items not limited by the waiver and release above.

 

DMCA Notice and Takedown

 

Per the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material on the Site infringes your copyright, you must send a notice of claimed infringement to Believe Trees’ Copyright Agent at the following address:

 

Believe Trees

c/o Copyright Agent

PO Box 57613

Murray, UT 84157

 

Written Notice: To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication provided to Believe Trees and that it include each of the following elements:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Information to contact you, including your name, address, telephone number and, if available, your email address.

 

A description of each work claimed to have been infringed, including any relevant information about the infringing activity.

 

A description of the infringing activity or of the work that is claimed to be infringing and information about the location on the Site (or, if the infringing information is located on another website linked to through the Site, information about the location of the link or reference on the Site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.

 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

A statement, under the penalty of perjury, that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Believe Trees does not permit copyright infringing activities and infringement of intellectual property rights on the Site and Believe Trees will remove the infringing content if properly notified of infringement. As stated above, Believe Trees reserves the right to remove any and all content and user submissions without prior notice.

 

Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Believe Trees’ Copyright Agent:

 

A physical or electronic signature.

 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in Salt Lake County, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by Believe Trees’ Copyright Agent, Believe Trees may provide the person who submitted the original DMCA Notice against the organization or individual accused of infringing on the copyrighted works a copy of the counter-notice informing that person that he or she may replace the removed content or that Believe Trees will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Believe Trees’ sole discretion.

 

Governing Law

 

You agree that your use of this Site, these Terms, the services and any disputes relating thereto shall be governed in all respects by the laws of Utah, without reference to conflict of laws principles. You agree to submit to personal jurisdiction in Utah for any disputes related to this Site, these Terms, or Believe Trees’ services. Any dispute relating to this Site, these Terms, or Believe Trees’ services shall be first submitted to mediation in Utah, and if mediation is unsuccessful or a party refuses to attend mediation within 30 days of receiving a written demand for mediation, then such dispute shall be resolved solely in the state or federal courts located in Salt Lake City, Utah. You waive any defenses to such forum or venue. Further, in the event that a breach of these Terms or other issues would threaten irreparable harm to a party, the party may file a case directly in court for relief without first being required to mediate such issue(s).

 

Updates to Terms

 

Believe Trees may from time-to-time update these Terms. Your continued use of any services or the Site will constitute your acceptance of the updated Terms.  You waive any requirements that you be provided with notice of updates to the Terms.

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Contact

 

If you have questions or comments about these Terms and Conditions, please contact us at:

 

Believe Trees

PO Box 57613

Murray, UT 84157

info@believe.ventures

 

 

Last updated February 7, 2023.

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