Acceptance of the Terms of Use

Welcome to in/PACT ("Company", "we", "us" or “in/PACT”). The following terms and conditions (together with any documents referred to in them) ("Terms of Use") apply to your use of inpact.com, the in/PACT platform, and related in/PACT applications including any content, functionality and services offered on or through in/PACT including any of our mobile applications (the "Platform"). in/PACT intends to operate worldwide through affiliates in selected jurisdictions and these related entities shall be deemed included herein as part of the term in/PACT. Please read the Terms of Use carefully before you start to use the Platform.

By using the Platform or by otherwise clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to abide by these Terms of Use and our Privacy Policy, found at http://inpact.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Any changes to the governing law and/or dispute resolution procedures shall not apply to any disputes for which the parties had actual notice as of the date the change was posted on the Platform. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes.

About in/PACT

in/PACT is a cloud-based enterprise charitable giving platform which allows companies and brands to empower their customers (users) to either make a donation to their favorite charity, or receive a small contribution funded by the brand which they are in turn able to direct to their favorite charity or cause.

When you use the Platform or other affiliated sites, you will be connected to selected brands and merchants that generate contributions towards your personal and favorite Charity when you interact with them, or which enable you to make a personal contribution.

The Services also include a Rewards Program (as described below) that is based on “GoodCoins,” which is a form of a loyalty or points system. The Services and Platform are collectively referred to here as "in/PACT."

Accessing the Platform and Account Security

To make use of this Platform, you represent and warrant that you are 13 years of age or older, but are of legal age (generally 18 or older) to form a binding contract and make any purchases or otherwise engage and participate in any Services or activity on the Platform.

Access to the Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Platform in our sole discretion without notice. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Platform.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.

If your information is passed to us by the brand or if you so choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use, and that they comply with them. Where your unique identification information (username and password) is used, you alone are fully responsible for any activity and we may assume such activity has been undertaken by you.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The entire contents of the Platform (including all information, connections between merchants or brands and charities, software, text, displays, images, video and audio and related) and the design, selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

You are permitted to use the Platform for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer and brand, Charity, supplier or distributor of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Platform without the prior written consent of the.

You must not reproduce, sell or exploit for any commercial purposes any part of the Platform other than for its intended purpose, access to the Platform or use of the Platform or any services or materials available through the Platform without obtaining a license to do so from the Company or its applicable licensor. If you wish to make any use of material on the Platform other than that set out above, please address your request to: support@inpact.com.

If you print, copy, modify, download or otherwise use any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Company Trademarks

The Company name, the terms in/PACT, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Users Agree to Grant License

Users of the Platform, including brands/merchants and Charities, grant to in/PACT a non-exclusive worldwide license and right to use, reproduce, license, display, maintain, distribute and transmit the name of the “Brand” and “Merchant” and “Charity”, logo and any trademarks ("Marks") and any photographs, graphics, artwork, text and other content provided or specified by Brand or Merchant or User ("Content") in connection with the Services and relationships, in any and all media or formats in which such Services are marketed, promoted, transmitted, sold, or distributed, including but not limited to, on the Platform.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use and agree not to use the Platform:

• In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or reuse any material which does not comply with the Content Standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider or other automatic device, process or means to access the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Participation Types

There are several ways for users to ‘participate’ in the in/PACT platform. These may include but are not limited to the following:

• Collect & Direct - where a user collects GoodCoins or dollars for completing a desired behavior with a brand and is then given the opportunity to direct that amount to the charity of their choice.
• User Donations - where a user gives their own dollars to a charity of their choice through a payment method provided by in/PACT.
• Reward Redemption - where a user redeems points in a brand loyalty program as a charitable contribution to the charity of their choice.

GoodCoins

GoodCoins may be purchased outright by a user or earned in a variety of ways as designated by the contributing merchants, brands or in/PACT. Additionally, brands may also offer users (also known as "Brand Ambassadors") the ability to earn GoodCoins for their designated Charity based on the purchases of people or organizations that they have successfully invited to join in/PACT. Merchants may opt to allocate GoodCoins to the user’s Charity based on the activities of the user. The amount of GoodCoins awarded may be promotion or campaign specific and is at all times at the discretion of in/PACT and may change in whole or in part as determined by in/PACT and without prior notice. in/PACT retains the right to interpret the rules with respect to the Rewards Program in its sole discretion and you hereby agree to our interpretation.

Additionally and except as otherwise provided or explicitly agreed, GoodCoins are not returnable or refundable for cash, except where required by law or explicitly stated in advance by in/PACT. Resale of GoodCoins, except where required by law, without the expressed permission of in/PACT is strictly prohibited.

GoodCoins expire three years after the date of issuance or purchase, except where expiration is prohibited by law.

Charities pay a processing fee to the GoodCoin Foundation to be withheld from their owed payment on all contributions directed to them. The fee is calculated per directed transaction generating new contribution to Charities.

GoodCoins is an owned trademark of the GoodCoin Foundation.

The GoodCoin Foundation:

All donations will be sent first to the GoodCoin Foundation, an international foundation dedicated to connecting people with their passions through social good. The GoodCoin Foundation will facilitate payment to the charities selected during purchase. All charity selections are subject to review of the charity or nonprofit that has been selected.

The GoodCoin Foundation has the right to deny payment if Charity is found and will find a suitable alternative to direct your donation to within the same Charity category.

For more information on The GoodCoin Foundation, please their website at: https://goodcoinfoundation.org/

Charities

in/PACT will allocate GoodCoins to a user's nominated Charity. A Charity may be a non-profit, charity or other appropriate specific nominee. A Charity must first register with in/PACT or have its profile created under the “Unclaimed Profile” section in order to be selected by a user as their chosen Charities and receive GoodCoins. Users can “create” or add a Charity to the platform if it is not available and it will be included as an unclaimed profile that they and others can collect contributions for. in/PACT will attempt to contact the Charity in order to claim their profile and start collecting contributions.

If a Charity does not register to participate or becomes ineligible, the user will have a chance to select a different Charity or we will redistribute donations earned among other participating Charities

Charities should not incite hatred, be jingoistic, be offensive or violate any applicable federal, state, local and international law or regulation. in/PACT reserves the right to remove any Charity from the in/PACT Platform that in/PACT, at its sole discretion, deems to be inappropriate. Any charity that is removed from the in/PACT Platform or suspended will automatically lose their right to any accumulated GoodCoins. in/PACT does not guarantee the legitimacy of a particular Charity and does not choose the Charity. The community is responsible for alerting in/PACT of any Charity that appears to be inconsistent with the spirit of in/PACT or is otherwise suspect.

Our Relationship with and Requirements of Merchants and Brands

Merchants/Brands are an integral part of the in/PACT platform and sit between the user/Charity supporter and the Charity. in/PACT provides the platform and tools to reach, engage and acquire new prospective customers. In addition, we provide the merchant/brand with the possibility for meaningful interaction with your network and the in/PACT community in a manner that benefits Charities and our collective communities.

You, the Brand, should regularly verify the list of Charities with respect to your network of users. You may want to remove some Charities deemed inconsistent with your overall brand concept and we authorize this aspect and will assist accordingly in taking reasonable efforts to screen causes but we can’t make any guarantees in this regard. in/PACT is designed to be a community of caring and responsible participants and we reserve all rights to monitor and take those actions we deem appropriate and consistent with the desires and image of those Brands participating on the platform.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Changes to the Platform

We may update or change the Platform from time to time with or without notice. We may suspend access to the Platform, or close it indefinitely. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

We collect and use information about you in accordance with our Privacy Policy. By using the Platform, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Linking to the Platform

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from Charities, Brands, advertisers, event organizers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You understand that in/PACT does not have control over websites that we may link to. The Platform may contain links to third party websites that are not owned, operated, or controlled by in/PACT. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third-party site. By using in/PACT you expressly relieve us from any and all liability arising from your use of any third-party website.

Electronic Communication

The communications between you and in/PACT use electronic means, whether you visit the Platform or send us emails, or whether in/PACT posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that in/PACT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Platform, its content and any services or items obtained through the Platform is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will the collective liability of the Company, its affiliates and its licensors, partners, merchants, service providers, employees, agents, officers and directors be liable for damages of any kind that exceed the total fees that you paid us for the previous one year period for the specific service at issue under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law. Your sole and exclusive remedy for any dispute with us is to discontinue your use of in/PACT.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Platform, including, without limitation, any use of the Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Geographic Restrictions, Governing Law and Jurisdiction

The owner of the Platform is based in the United States of America and the Platform may be accessed throughout the world. We have created or intend on creating operating subsidiaries or other affiliates in strategic countries throughout the world. In any event, we provide this Platform for use only by persons located in jurisdictions where Services offered are located and where in accordance with local law. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform in a location where it is not legal, you do so on your own initiative and are responsible for compliance with local laws. The Terms of Use is between you and in/PACT or the entity for your country in which you reside if the Service is offered in your country of residence and we have established a subsidiary or affiliate there as identified below.

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or the information (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of State of Delaware, USA without giving effect to any choice or conflict of law provision or rule until such time as operating subsidiaries and affiliates are established and operational. The identity of the in/PACT entity for your country, the choice of law, the location for resolving disputes in/PACT, and our contact information is specified below.

You are contracting with in/PACT Incorporated, a corporation organized under Delaware law, with its mailing address at 796 Meeting Street, Charleston SC 29403. The Terms of Use shall be governed by the laws of the State of Delaware, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Reservation of Rights

in/PACT reserves the right, but has no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other customers of ours or any Merchants and Brands. To the extent the law permits, you release us from any claims or liability related to any content posted on the Platform and from any claims related to the conduct of any other customers of ours or any Merchants and Brands. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

General Terms

You represent that you are legally able to accept these Terms of Use. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. And as stated in the Accessing the Platform and Account Security section above, you affirm that you are, in any case, 13 years of age or older. If you are not, we ask you to please exit the Platform and not come back until you meet these terms.

Entire Agreement

The Terms of Use and our Privacy Policy as well as content on the site constitute the sole and entire agreement between you and in/PACT with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Your Comments and Concerns

The Platform is operated by in/PACT Incorporated.

All notices of copyright infringement claims should be directed to our copyright agent at the following: privacy@inpact.com.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@inpact.com.

Thank you for visiting in/PACT and we sincerely hope you enjoy your time with us.