Using Be The Momentum's Site

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Additionally, the materials contained in this web site are protected by applicable copyright and trade mark law.

Furthermore, you may use Be The Momentum's service, the site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial or personal purposes. Anything you might download from the Content does not transfer ownership, right or title to you. Be The Momentum reserves complete title and full intellectual property rights in all Content located in our Site. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

 

Privacy & Safety

Here at Be The Momentum, we value our personal privacy as much as you value your privacy. We designed our Privacy Policy to make important disclosures about exactly what we collect from registered users and what we do, and do not do, with the information we collect.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

When it comes to your safety, and all our users’ safety, we do everything we can to keep you safe. As hard as we try, we cannot guarantee it. That's where you come in. When you agree to our terms of use, you agree to the following:

 

User Submitted Ideas

We welcome and encourage you to share feedback about your Site experience, however, Be The Momentum does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, services, processes, or materials. This covers us in the event that our business activities bear coincidental similarities with one or more ideas submitted to us. Even though we asked you not to, if you ignore our request, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Be The Momentum, without any compensation to you; (2) Be The Momentum will have no obligation to return your idea to you or respond to you in any way; (3) Be The Momentum will have no obligation to keep your idea confidential; and (4) Be The Momentum may use your idea for any purpose whatsoever, including giving your idea to others.

 

User Conduct & User Supplied Information

Just in case you missed it the first time, you agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

At Be The Momentum, we give users the ability to upload pictures and user content. Be The Momentum does not want to receive confidential or proprietary information from you via the Site, so please don't do that! By agreeing to the terms of use, you agree that any material, information, or data you transmit to us or post to the Site will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Be The Momentum the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

The short explanation of all that is you, and not Be The Momentum, are entirely responsible for all Content that you upload to the site, post to a social network site, email, transmit or otherwise make available via the Be The Momentum Site. That being said, we can't police everything you, or other users, post via the Be The Momentum Sites and, as such, we can not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Be The Momentum Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Be The Momentum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.

 

Charges and Billing

Nothing in life is free, but at Be The Momentum, we really do believe in the idea of "take what you need, not what you can." If conditions warrant action, Be The Momentum reserves the right to change any fees or billing methods at any time. However, any modification of fees will not take effect earlier than thirty (30) days after Be The Momentum informs all related parties and posts the modification on the applicable Be The Momentum Site(s).

Fees associated with Be The Momentum are currently pay as you go. If the situation arises that you negotiate an agreement with Be The Momentum for custom services that require either a up-front fee, a monthly fee or any fee for services rendered, you agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Any balance not paid for more than a period of thirty (30) days by you to Be The Momentum when due will be assessed an additional 2.0%. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that results from efforts to collect any remaining balances due from you. 

If you are event organizer, and you are using Be The Momentum as your registration and donation collection service, you are responsible for any refunds requested from a user. If you cancel your event, or in any other way, do not provide the service promised by your event, you will be responsible for any fees incurred by Be The Momentum resulting from charge backs, refund request, bank transaction and any other fee associated with you not delivering the service promised. If you are currently owed any funds from Be The Momentum, from either registration or donations collected, any fee that is incurred by Be The Momentum on your behalf will be deducted from the balance owed to you. If you are not owed a balance from Be The Momentum from either registrations or donations, and Be The Momentum incurs any fee on your behalf, you agree to pay any outstanding balance immediately. Any balance not paid for more than a period of thirty (30) days by you to Be The Momentum when due will be assessed an additional 2.0%. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that results from efforts to collect any remaining balances due from you.

In the case that you find something wrong with our billing, you must notify Be The Momentum of any billing problems or discrepancies within sixty (60) days after they first appear. If you do not notify Be The Momentum within sixty (60) days, you waive any right to dispute such problems or discrepancies.

 

Donations made on Be The Momentum Web Sites

We know that getting an event off the ground takes a lot of hard work, time and money. That's why we don't charge anything up front for using Be The Momentum's Sites and Services. The way that we keep the lights on here is that from each online donation will require the organization to pay a processing and handling charge equal to up to 5.5% of the donated amount plus $0.50. These fees will be collected automatically by Be The Momentum. 

 

Payments and Refunds

The registration fees and donations collected by Be The Momentum on an organization's behalf will be start being delivered, less Be The Momentum’s processing and handling fee, in regular (bi-monthly) thirty (30) after the event opens for registration. Be The Momentum offers users of our site a 30-day money back guarantee. After thirty (30) days, if the user request a refund, it becomes your responsibility to refund that user based upon the refund policy you have set forth. All donations made to your event are the exclusive property of you and/or the charitable organization designated to receive the donation. Be The Momentum shall not be responsible for processing or making any refunds past the initial thirty (30) days.

 

Links to Third-Party Web Sites

Links on the Site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Be The Momentum of the third party, the third-party web site, or the information contained therein. Be The Momentum is not responsible for the availability of any such web sites. Be The Momentum is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Be The Momentum affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

 

Indemnification

We are all adults here, right? In using Be The Momentum, you understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Be The Momentum, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

Password Security

When you create your user account at Be The Momentum, you are asked to create a secret password. Now, we all know that the way to keep something secret is to not tell any one. If you register to become a Be The Momentum member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. So please, keep your information to yourself.

 

General Provisions

a. Entire Agreement/No Waiver: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Be The Momentum of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Be The Momentum therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Be The Momentum does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.