Definitions and legal references

This Website (or this Application)
 is The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
– The natural person(s) or legal entity that provides this Website and the Service to Users.
Service
The Service provided by this Website as described in these Terms and on this Website.
Terms
Provisions apply to using this Website and Services in this or other related documents, subject to change occasionally, without notice.
 User (or You)
The natural person or legal entity that uses this Website.

This document is an agreement between You and GreaterFoundations.com

You acknowledge and agree that by accessing or using this Website or using any services owned or operated by this Website, you have agreed to be bound and abide by these terms of Service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern

  • the conditions of allowing the use of this Website and
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this Website.

This Website is provided by:

Performance Marketing Group, Inc.

Owner contact email: admin@greaterfoundations.com


Terms Of Use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users acknowledge:

Content On This Website

Unless otherwise specified, Website Content is provided or owned by the Owner or its licensors.

The Owner has ensured that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Access To External Resources

Through this Website, Users may have access to third-party external resources. Users acknowledge and accept that the Owner has no control over such raids and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Website and the Service violates no applicable law, regulations, or third-party rights.


Liability And Indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation Of Liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, or damages resulting from intent or gross negligence, as long as the User has appropriately and correctly used this Website.

Unless damages have been caused by intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages when the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, correct, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services resupplied.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the service will create any warranty not expressly stated herein.

Without limiting the preceding, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the service will meet User’s requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the Service isServiceaded at User’s own risk; the User shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data resulting from such download or the User’s use of the Service.

The Servicer does not warrant, endorse, guarantee, or assume responsibility for any product or services from a third party through the Service, linked website, or service; the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service is not responsible if the site is inaccessible or functions poorly with User’s web browser, mobile device, and operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent applicable law prohibits.

Limitations Of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; service damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage of any nature whatsoever, resulting from User access to or use of the Service;
  • aServicethorized access to or use of the Owner’s secure servers and any personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • service, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • services or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; aServicedefamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this Agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent applicable law prohibits.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

  • User’s use of and access to the Service, service any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s breach of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third-party access with User’s unique username, password, or another security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent applicable law allows.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service foServiceenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service servicer. If the Service isServiceted, the Owner will cooperate with Users to enable them to withdraw Personal Data or information by applicable law.

Additionally, the Service miService be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns or blackouts, etc.).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Service wiServicehe Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Intellectual Property Rights

Intellectual property rights, such as copyrights, trademarks, patents, and design rights related to this Website, are the Owner’s or its licensors’ exclusive property.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos in connection with this Website and the Service arServicexclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes To These Terms

The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

The User’s continued use of the Website and the Service wiServiceify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

Assignment Of Contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


Last Updated: July 8, 2023