Terms of Use

The 40 Percent - TERMS of USE

Last Revised: May 2021

Thank you for your interest in The 40 Percent Inc., a 501(c)(3) public charity. We are glad to have you as part of our community. These terms (these “Terms“) apply to your use of www.the40percent.org and any related websites (the “Site”) of The 40 Percent Inc. (“The40%” “The 40 %” “The40Percent” "TheFortyPercent" “we,” “us” or “our“).

 
Accepting these Terms

If you access or use the Site, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Site. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Site.

 
Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Site after we have posted the changed Terms, then you have accepted the changes to these Terms.

 
Medical Disclaimer

THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, AND YOU AGREE THAT THE40% IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM YOUR USE OF THE SITE. THE40% DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TREATMENT, DRUGS, TESTS PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE SITE. YOUR RELIANCE UPON THE SITE IS SOLELY AT YOUR OWN RISK.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. 

 
Forward-Looking Statement (Safe Harbor)

Certain statements contained in this website constitute forward-looking information. These statements relate to future events or future performance. The use of any of the words "could", "intend", "expect", "believe", "will", "projected", "estimated", “can” and similar expressions and statements relating to matters that are not historical facts are intended to identify forward-looking information and are based on The40%'s current belief or assumptions as to the outcome and timing of such future events.  Actual future results and developments may differ materially from those contemplated by these statements depending on, among other things, the risk that The40% may not successfully execute its development, marketing, and business development activities.  Various assumptions or factors are typically applied in drawing conclusions or making the forecasts or projections set out in forward-looking information. Those assumptions and factors are based on information currently available to The40%. Material factors and assumptions in this press release include the ability of The40% to successfully execute its development, marketing, and business development activities. The40% cautions the reader that the above list of risk factors is not exhaustive.

 

The forward-looking information contained in this website is made as of the date hereof and The40% is not obligated to update or revise any forward-looking information, whether as a result of new information, future events, or otherwise, except as required by applicable laws. Because of the risks, uncertainties, and assumptions contained herein, donors should not place undue reliance on forward-looking information. The foregoing statements expressly qualify any forward-looking information contained herein.

 
Privacy Policy

For information about how we collect, use, and share information about users of the Site, please see our Privacy Policy.

 

Description of the Site

Through the www.the40percent.org Site, you can support The40%’s programs and campaigns in various ways, such as sharing your story, answering surveys, registering for events, learning more about our efforts, and making a donation. Further, the Site may also provide you with access to features and content that are provided by the The40%.

 
Right to Use the Site

On the condition that you fully comply with these Terms, The40% grants you a limited, nonexclusive, non-transferable, and revocable license to access and use the Site. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Site; (c) disassemble, decompile or reverse engineer any of the software components of the Site; (d) copy, frame or mirror any part of the Site; (e) interfere with or disrupt the integrity or performance of the Site; or (f) attempt to gain unauthorized access to the Site or its related systems or networks.

 
The 40 Percents’s Rights

As between you and the The40%, all information, materials, and content of the Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by the The40% or is used with permission. the The40% reserves all rights not expressly set forth in these Terms. 

 
Feedback

Any suggestions, comments, or other feedback you give us about the Site or the The40% will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 
Third-Party Materials

We may make third-party content or services available on or through the Site as a convenience to our users (for example, links to third party websites) (“Third Party Materials“). We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties, or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Site, you should be aware that these Terms and all other The40% policies no longer govern your use of other websites and services. 

 
Disclaimers

THE SITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

 
Limitation of Liability

IN NO EVENT WILL THE40% BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY OTHER SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.

 
Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Site or violation (or alleged violation) of these Terms or the rights of any third party by you.

 
Changes to the Site

The40% reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Site and/or any features, information, materials, or content on the Site with or without providing notice to you. The40% will not be liable to you or any third party for any changes or discontinuance of the Site or any part of the Site.

 
Consent to Electronic Communications

By using the Site, you agree that we may communicate with you electronically regarding your use of the Site and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at admin@the40percent.org.

 
Governing Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Delaware applicable to agreements made and to be entirely performed within Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

 
General

Enforcement of these Terms is solely at the The40%’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.