Business for Good Logo

Privacy Policy & Terms of Use

Last updated: June 3, 2021

Section 1: Introduction

This Privacy Policy explains the manner in which The Business for Good Foundation, Inc. (“The Business for Good Foundation,” the “Company,” “we,” or “us”) collects, uses, maintains, and discloses personal information collected from users (each, a “User,” “you,” or “your”) of the bfg.org website (“Site”).

When we refer to “personal information” we mean information that identifies, or is reasonably capable of being directly or indirectly linked to, a particular individual or household, such as the individual’s name, postal address, email address, social media profile, and telephone number. Personal information includes “personal information” as defined by the California Consumer Privacy Act of 2018 (the “CCPA”) and “personal data” as defined by the European Union’s General Data Protection Regulation (the “GDPR”). When anonymous information is directly or indirectly associated with personal information, the resulting information is also treated as personal information. Personal information does not include aggregate information that we collect about the use of our Site or about a group or category of users from which individual identities or other personal information has been removed.  Nor does it include usage information or device identifiers not connected to personal information.

Your acceptance of these terms
By using this Site, you signify your acceptance of this Privacy Policy and the Terms of Useagreement, which we encourage you to read carefully.  If you do not agree to this Privacy Policy or the Site’s Terms of Use, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Third-party websites

Please note, this Privacy Policy does not apply to the privacy practices of third parties.  We encourage you to review the privacy policies of any third-party application or website before providing any information to, or through, them.

Section 2: Information We Collect

Information users provide
When Users visit our Site, register on the Site, fill out a form, respond to a survey, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site, Users may be asked to provide, as appropriate, a User’s name, email address, mailing address, or phone number.

Information automatically collected
When Users interact with our Site we may collect technical information about a User’s means of connection to our Site, such as the type of browser, computer, and operating system the User used, and the Internet service providers utilized and other similar information.

Web browser cookies
Our Site may use “cookies” to enhance User experience. A User’s web browser places cookies on the User’s hard drive for record-keeping purposes and sometimes to track information about the User.  A User may choose to set his or her web browser to refuse cookies, or to alert the User when cookies are being sent. Note, however, if a User disables or refuses cookies, some parts of the Site may not function properly.

Google Analytics
Our Site uses Google Analytics to allow us to better understand how Users interact with our Site and assist us in enhancing the Site, promoting content most relevant to our Users, and devising marketing strategies. Google Analytics uses first-party cookies and collects data related to Users’ devises/browsers, IP addresses, and interactions with the Site, to measure and report statistics about User interactions with our Site. Additionally, Google Analytics uses IP addresses to provide security.  Google Analytics prohibits its customers, such as us, from sharing personally identifiable information, such as a User’s email address, mailing address, phone number, precise location, or full name or username, with Google Analytics. To learn more about Google Analytics’ collection and use of your personal information, click here:  https://policies.google.com/technologies/partner-sites

Do Not Track signals
We do not currently take steps to respond to browsers’ “Do Not Track” signals, as no uniform standard to respond to such signals has been developed at this time.

Section 3: How We Use Information We Collect

How we use collected information
We collect and use Users’ personal information for the following purposes:

  • To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs.
  • To personalize the user experience
  • We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site – we continually strive to improve our Site offerings based on the information and feedback we receive from you.
  • To process transactions
  • To administer a promotion, survey, or other Site feature
  • To send Users information they agreed to receive about topics we think will be of interest to them
  • To send periodic emails
  • To provide notifications
  • To solicit your feedback
  • To post testimonials
  • To improve our marketing and promotional efforts
  • To respond to User emails, submissions, questions, inquiries, requests, and comments
  • To monitor and analyze views and trends and otherwise measure the appeal and effectiveness of our Site and content
  • To monitor suspicious or fraudulent activity
  • To identify, fix, and troubleshoot bugs and service errors
  • To send Users confirmations, updates, security alerts, and support-related messages
  • To protect against, identify, investigate, and respond to misuse of our Site or other unlawful behavior

With a User’s consent, we may use that User’s personal information for a specific purpose not listed above.

Parties with whom we share user personal information

We do not sell User personal information to third parties. We only share User personal information with third parties to the extent necessary for such parties to perform business services on behalf of The Business for Good Foundation.  Such services include hosting the Site, analyzing data, and managing our email subscriber list.  Our service providers are required to maintain the confidentiality of User personal information.

User email addresses and other contact information

The email address Users provide may be used to respond to User inquiries, and/or other requests or questions. If a User decides to opt-in to our mailing list, the User will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email, or a User may contact us via our Site.

We use Mailchimp®, a third-party service provider, to maintain our subscriber list and send out email newsletters.  Mailchimp® uses cookies or other tracking mechanisms to recognize when recipients open emails or click on certain links.  This information might then be used to assist us in enhancing Users’ experiences on our Site and promoting content most relevant to our email subscribers. To learn more about Mailchimp’s® collection and use of your personal information, click here: https://mailchimp.com/legal/privacy/

Retention of personal information

We retain a User’s personal information for so long as we have an ongoing legitimate business or legal need to do so.  Additionally, Users have the ability to disable cookies and other tracking functions through their devices or browsers.

Anonymous information

We use anonymous information to analyze our Site traffic, but we do not examine this information for personally identifiable information.  In addition, we or our Site host, may use anonymous IP addresses to help diagnose problems with our server, to administer our Site, or to display content according to User preferences.  Information may also be shared with business partners and advertisers on an aggregate and anonymous basis to help devise marketing strategies.

Section 4: How We Work to Protect User Information

We strive to maintain appropriate data collection, storage and processing practices, and security measures to protect against unauthorized access or disclosure of User personal information collected through our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Section 5: Accuracy of User Information:

Although we work to ensure that the information we hold about a User is accurate and up-to-date, unless we receive an indication otherwise, we can only assume that the information a User provides to us is accurate. If a User informs us that any of that User’s information processed through our Site or email marketing is incorrect, or if we learn that any such information is incorrect, we will work to promptly correct, or if appropriate, erase, such information.

Section 6: Your California Privacy Rights and Notice at Collection

This portion of the Privacy Policy is provided under California law, including the California Consumer Privacy Act of 2018 (“CCPA”), and supplements this Privacy Policy by providing certain disclosures to California residents and explaining the privacy rights of California residents.

Categories of personal information collected and disclosed

This Site is new, so in the 12 months preceding the date of this Privacy Policy, we have not collected or disclosed any personal information.  That said, we intend to collect the following categories of personal information and share them with the following categories of third parties:

  • A. Identifier, such as, real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services on our behalf
      • Advertisers and marketing-related service providers (IP address and online identifier only)
      • Social media platforms
  • B. Commercial information, including User purchases and engagement with the Site and content.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services on our behalf
      • Advertisers and marketing-related service providers
      • Social media platforms
  • C. Internet activity and network activity, including User interactions with the Website, Membership, or content and what led you to the Website.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services on our behalf
      • Advertisers and marketing-related service providers
      • Social media platforms
  • D. Geolocation data provided through location enabled services such as WiFi and GPS.
    • Parties with whom we disclose this category of personal information
      • Service providers that perform services on our behalf
      • Advertisers and marketing-related service providers
      • Social media platforms
  • E. Inferences, including information about User interests, preferences, and favorites.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services on our behalf
      • Advertisers and marketing-related service providers
      • Social media platforms
  • F. Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80I), and overlaps with other categories listed here.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services or handle transactions on our behalf
  • G. Additional Information, that you choose to share with us through our Website or on social media platforms.
    • Parties with whom we disclose this category of personal information:
      • Service providers that perform services on our behalf
      • With other users – when you share your personal information or otherwise interact in public areas, such as third-party social media platforms, with other users, such information may be viewed by all users and might be shared by other users.

Categories of sources of personal information  

We collect personal information from the following categories of sources:

  • Directly from Users
  • From cookies and similar technologies
  • From third-party service providers, data suppliers, and business partners
  • From social media platforms and similar services
  • From internet service providers
  • From operating systems and platforms

Business or commercial purposes for collecting or sharing personal information

See Section 3: How We Use Information We Collect above for the business or commercial purposes for which we collect or share personal information.

Sale of personal information

In the preceding 12 months, we have not sold Users’ personal information, nor do we intend to.  However, the term “sale” is defined broadly under the CCPA. As explained above, we do share with our service providers personal information that is necessary for such service provider to perform a business purpose. To the extent our use or disclosure of personal information is interpreted to constitute a “sale” under the CCPA, California residents are entitled to opt-out of the “sale” of their personal information at any time and can do so by contacting us (contact information is below). To our knowledge, we do not sell the personal information of individuals under 16 years old.

Notice of California residents’ rights

If you are a resident of California, you have the following rights under the CCPA with respect to your personal information:

  • The right to request the deletion of your personal information collected or maintained by us, subject to certain exceptions.
  • The right to opt-out of the sale of your personal information to third parties. We do not sell the personal information of users of our Website.  However, the term “sale” is defined broadly under the CCPA. We do share with our service providers personal information that is necessary for such service provider to perform a business purpose. This Privacy Policy describes the limited circumstances in which we share your personal information with third parties. To the extent our use or disclosure of personal information is interpreted to constitute a “sale” under the CCPA, California residents are entitled to opt-out of the “sale” of their personal information at any time and can do so by contacting us as provided below. If, in the future, we do sell users’ personal information to a third party, we will provide users with the opt-out and opt-in rights required under the CCPA. 
  • The right to request that we provide you with information regarding the processing of your personal information over the preceding 12 months, including the categories of personal information we have collected about you, specific pieces of personal information we have collected about you, sources from which it was collected, categories of personal information disclosed, the business or commercial purpose for collecting or disclosing personal information, and categories of third parties with whom your personal information is shared.
  • The right to request that we disclose to you the categories and specific pieces of personal information that we have collected in the preceding 12 months.
  • The right not to receive discriminatory treatment by us for the exercise of privacy rights conferred under the CCPA.

To request information regarding our processing of your personal information or request that we delete personal information about you that we have collected, you must submit a verifiable consumer request to us via email or mail addressed to us at the address below.

hello@bfg.org
605 N. Broadway, Saratoga Springs, 12866

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request twice within a twelve-month period. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Thus, your verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such person.
  • Describe your request in sufficient detail that allows us to properly understand, evaluate, and respond to your request.

We will acknowledge receipt of your request and advise you on how long we expect it will take to respond if we are able to verify your identity. We will work to process your request within 45 days pursuant to the CCPA. If we need additional time in order to process your request, we will provide you with an explanation for the delay. If we are unable to honor your request, we will advise you of this fact and provide the reason why.

We will not provide social security numbers, driver’s license numbers, account passwords or security questions and answers, or any specific pieces of information that could lead to unauthorized access, result in identity theft, fraud, or impose an unreasonable risk to data or systems and network security.

We do not charge a fee to process or respond to a User’s verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that a User request warrants a fee, we will inform you of the reason for this decision and provide a cost estimate before completing such request.

Section 7: UK and EU Residents’ Rights

Individuals located in the European Economic Area have certain rights under the General Data Protection Regulation (the “GDPR”) with respect to personal information we collect through the Site, which rights consist of:

  • The right to be informed regarding the processing of your personal information, including the personal information collected, sources from which it is collected, categories of personal information disclosed, and categories of third parties with whom your personal information is shared;
  • The right to access to your personal information;
  • The right to have errors corrected;
  • The right to have personal information erased or processing restricted;
  • The right to data portability;
  • The right to object to processing of your personal information;
  • The right to lodge a complaint with a supervising authority;
  • The right not to be subject to a decision based solely on automated processing; and
  • When processing of personal information is based on consent, the right to withdraw your consent.

Responses to User requests to us regarding such User’s personal information will be provided free of charge (including copies of materials), except that we may charge a reasonable fee for any repetitive requests, manifestly unfounded or excessive requests, or further copies.  Similarly, we may refuse to act upon requests that are manifestly unfounded or excessive.

Lawful basis for processing personal information

We process User personal information, whether directly or through third-party processors, as needed for purposes of our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of our Site Users. Our legitimate interests include responding to communications initiated by Users, performing services, informing Users of relevant content or changes to our Site, and protecting the security of the Site and Users’ personal information.  In some instances, we might request a User’s consent to process such User’s personal information for a particular purpose and in such instances the lawful basis for such processing is such User’s consent.

Section 8: Notice to Non-U.S. Residents

Our Site and servers are operated in the United States. If you are located outside of the United States, please be aware that your personal information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Site, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States.

Section 9: Children

The Site and content are not intended for use by children and, as such, are not directed to children.  Moreover, we will not knowingly allow anyone under the age of 16 to provide us with personal information.  Individuals under the age of 13, and in some instances 16, cannot lawfully consent to collection of their personal information. If you are under the age of 16, please do not provide us with any personal information (such as your name, email address, or phone number).  If you become aware that your child (under the age of 16) has provided us with personal information, please contact us immediately.  Parents have rights under the Children’s Online Privacy Protection Act (“COPPA”) to control what information is collected from their young children online and we respect those rights.

Section 10: Updates and Changes to Our Privacy Policy

The Business for Good Foundation has the discretion to update this Privacy Policy at any time. When we do, we revise the updated date at the top of this page.  We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.  You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Section 11: How to Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:

The Business for Good Foundation
605 N. Broadway, Saratoga Springs, 12866
hello@bfg.org

Terms of Use

Last updated: June 3, 2021.

Businessforgood.org (“Website”) is owned and operated by The Business for Good Foundation, Inc. (the “Company, “we” or “us”). These Terms of Use constitute an agreement between the Company and you, the user, and govern your access and use of the Website and all content thereon.

All personal information that we collect through the Website is subject to our Privacy Policy (the “Privacy Policy”).  You should read these Terms of Use and the Privacy Policy carefully before using our Website.

Consent to Terms

BY USING THE WEBSITE AND ACCESSING THE CONTENT THEREON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Website.  We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use.  By continuing to access and use the Website after any such modification is made, you are agreeing to such modification.  Please check these Terms of Use frequently for updates.  At the bottom of these Terms of Use is the date on which they were last updated.

Consent to Receive Notices via Electronic Communications

You consent to receive communications from us by email in accordance with these Terms of Use and applicable law.  Any notices, requests, disclosures, or other communications that we provide to you electronically shall constitute delivery of written notice, request, disclosure, or other communication to you for purposes of any legal requirement that such notice, request, disclosure or other communication be provided to you in writing. 

Intellectual Property Rights and Use of the Website

All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by the Company or by third parties who have licensed their materials to the Company.

The content on the Website, and the Website as a whole, are intended solely for the personal, noncommercial use by the users of our Website. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Company reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Company.

You are prohibited from accessing or using the Website in a manner that violates any applicable law, statute, ordinance, or regulation.  You must not hack the Website or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of any of the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.

If you provide us any Feedback (as defined below), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. “Feedback” means all comments, remarks, data, suggestions, methods, surveys, reports, ideas, and other content that you provide by using the Website or provide about the Website, the Website’s content, or any aspect of our mission or operations, whether provided to us directly or through our service providers.

We reserve the right to modify the Website at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any content or offerings at any time for any reason or no reason at all.

Links to Third-Party Platforms and Community Forms

The Website may contain links to websites, applications, or other platforms, such as social media platforms, maintained by third parties over which we have no control.  Your use of such websites, applications, and platforms are governed by the terms of service or terms of use of those platforms, applications, and websites and we encourage you to review those as well.

Please note, you are prohibited from posting on, or transmitting through, the Website or our social media pages any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind.  We reserve the right, but are under no obligation, to remove any user posts at any time and for any or no reason.

You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on, through, or in connection with the Website, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on, through, or in connection with the Website that may be necessary for their use as contemplated by the Website or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use.

We are not responsible for any user comments, materials, or content submitted by you or a third party on, through, or in connection with the Website. We cannot verify the accuracy of statements that users make or place on the Website or through the Website, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any posting by a user or other content on the Website or in relation to the Website infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at on the Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification 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.

If content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of that content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.

Our designated Copyright Agent for notice of claims of infringement is:

Connie Avila
The Business for Good Foundation, Inc.
605 N. Broadway, Saratoga Springs, 12866

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other inquiries, comments, requests for technical support, and other communications should be directed to us at hello@bfg.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Indemnity

You agree to indemnify and hold harmless the Company, its contributors, business partners, and their respective owners, managers, directors, officers, employees, agents, and representatives from any and all claims, liabilities, damages, costs or expenses, including attorneys’ fees, arising from (a) your breach of the terms and conditions of these Terms of Use or (b) your use of the Website, including, without limitation, your submission of comments, materials, or content on or through the Website.

Disclaimer

THE WEBSITE AND CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE COMPANY AND ITS MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, REPRESENTATIVES, AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) THE QUALITY OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE.

FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE, OR ANY PORTION THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, OR THAT THESE TERMS OF USE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY.  YOU AGREE THAT YOU WILL NOT ACCESS THE WEBSITE FROM ANY TERRIROTY WHERE ITS CONTENT ARE ILLEGAL, AND THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, OR BUSINESS PARTNERS, OR THE WEBSITE’S CONTRIBUTORS, BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE WEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE WEBSITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE WEBSITE.

Claim Limitations Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Website or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or is forever barred.

Ability to Terminate Access to the Website

You agree that we may terminate or suspend your access to all or part of the Website without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of the Company or another user. 

Governing Law; Jurisdiction & Venue; Class Action Waiver

These Terms of Use shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles.  To the extent permissible by law, any disputes under these Terms of Use or relating to the Website shall be litigated in the New York Supreme Court, Saratoga County or in the United States District Court for the Northern District of New York, Albany Division, and you hereby consent to personal jurisdiction and venue therein.

To the fullest extent permitted by applicable law, NO CLAIM RELATED TO THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.

Use Outside of the United States

We expressly disclaim any representation or warranty that the Website complies with all applicable laws and regulations outside of the United States.  If you access the Website or use any content thereon outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Website is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.

Miscellaneous

A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. Whenever possible, each provision these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Use shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of these Terms of Use, such that the remainder of these Terms of Use shall continue in full force and effect.

Contact Information

If you have any comments, questions or complaints regarding these Terms of Use or the Website, or wish to report any violation of these Terms of Use, please contact us at hello@bfg.org. We will address any issue to the best of our abilities as soon as practicable.

Excited to see what’s next?

We’ll keep you posted.