US and International Terms of Service

This Terms of Service Agreement (the "Agreement") is between you ("you" or “User”) and United in Heart (together with our affiliates, service providers, and partners, "United in Heart," "we," and/or "us") and governs your use of the United in Heart app, which includes the phone app and the desktop app versions (“App”) and the unitedinheart.org web site and successor web site(s) (“Website”) (and collectively referred to herein as the "Site"), including the materials and information posted on it, and the functionality that permits you to make donations, create an account, create goals, inspire friends, view content, and earn Enviros or to use any other functionality offered through the Website and/or App.

  1. Acceptance of Terms and Supplementary Terms. United in Heart operates the Site subject to this Agreement and the Privacy Policy, and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Site (each, a "Supplementary Term"), each of which is hereby incorporated by reference herein.

    By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with United in Heart governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.

    You acknowledge and agree that United in Heart retains control over the donated funds. In the event that United in Heart receives a check payable to United in Heart without reference to a specific program or campaign (such as the Food Forest program or Water Wellspring program), the donated funds will be allocated to United in Heart's general fund.

    You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from United in Heart shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  2. Amendment. United in Heart reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.

  3. Modification, Suspension, and/or Cancellation. United in Heart reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that United in Heart shall not be liable to you or to any third party for any such actions.

  4. Personal Information. United in Heart's use of personal information collected from and about you in connection with your use of the Site (e.g., as part of your Profile) is governed by our Privacy Policy, (the "Privacy Policy"), and which is incorporated by reference into this Agreement as a Supplementary Term. By providing this personal information, subject to the terms of the Privacy Policy, you hereby grant to United in Heart a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, such information in connection with the operation of the Site. In addition, with respect to your name, location (city, state and country) and your avatar (an uploaded image associated with your profile in the Settling screen), you hereby grant to United in Heart a perpetual, irrevocable, transferable, worldwide, royalty-free license to display, publish, transmit and distribute such information to allow users to find other users and vice versa and to enable other communication among and between United in Heart Users.

  5. User Credentials. When you create an account or profile, submit an expression of interest, or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").

    You acknowledge and agree that:

  • You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;

  • You represent that you have all rights in the information necessary to provide it to United in Heart;

  • Your User ID is for your personal use only and may not be transferred to any third party;

  • You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID, with or without your knowledge;

  • You are required to notify United in Heart promptly if you learn of any unauthorized use of your User ID and take reasonable precautions to prevent such unauthorized use;

  • If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;

  • United in Heart will not be liable for any loss or damage arising from your failure to comply with this section; and

  • Any information submitted under your User ID is subject to the "Personal Information" terms as specified in Section 4.

    6. Profile and Forum Content. United in Heart may permit you and other users to post information on the Site, including on personal "profile pages," (each, a "Profile") and on designated areas of the Site including, for example, bulletin boards, message boards, chat rooms, forums, or in the course of participating in the collaborative creation of Site and/or Services content (each, a "Forum"). United in Heart does not control or endorse, and is not responsible for user content of any kind posted by Site users (including United in Heart employees who maintain Profiles or participate in Forums). In addition, United in Heart cannot control use or misuse by others of information you post in your Profile or in a Forum. Section 14 describes the provisions of this Agreement regarding United in Heart's monitoring of content.

    Accordingly, you acknowledge and agree that under no circumstances will United in Heart be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Site user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Site.

7. Rules of Conduct. Your use of the Site is expressly conditioned on your responsible and lawful participation in the Site community. Accordingly, and without limiting the foregoing:

You acknowledge and agree that:

  • Your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.

  • Any information you provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.

8. You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by United in Heart in its sole discretion;

  • Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;

  • Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;

  • Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm United in Heart or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others;

  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;

  • Any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

9. You agree that you will not use the Site to:

  • Engage in fraudulent or unlawful activities of any kind;

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;

  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that United in Heart or any Site user endorses any statement you make;

  • Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;

  • Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;

  • Restrict or inhibit any other person from using the Site.

10. You agree that you will not, without our express written consent:

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with United in Heart, any element of the Site, including any information or materials made available on or through the Site;

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;

  • Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;

  • Frame or mirror any element of the Site;

  • Systematically download Site content to create a separate database;

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation;

  • Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;

  • Use the Site to solicit funding, grants, or financial assistance of any kind.

11. Grant of License to United in Heart. You will retain ownership rights in content you post in your Profile and in other places on the Site (each, a "Submission"). Except as provided herein, United in Heart will not re-publish your Submissions outside the Site without your written consent. By posting a Submission, however, you grant United in Heart a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Site and to make it available to users as contemplated hereunder.

For each Submission, you represent and warrant that:

  • You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit United in Heart to grant the necessary licenses to other Site users in accordance with your privacy preferences; and

  • Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.

12. Site License to User. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), United in Heart hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. United in Heart and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).

13. Site User Information Licensed to User. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), United in Heart hereby grants to you a limited, non-exclusive, revocable license to access and use your site user information (such as Trees Planted, Friends Inspired, Families Uplifted, Enviros, and Enviros Map as they are provided on the Site) and screenshots thereof (collectively “Site User Information”) and to download, print, distribute, publicly display and modify (provided that you keep the veracity of such Site User Information intact) the Site User Information. So long as in keeping with the conditions provided in this Section and that you are in compliance with this Agreement, you may republish your own (but not another’s without their expressed, written and lawful consent) Site User Information on any other Internet, Intranet or Extranet site you wish or incorporate the content or information in your resume, LinkedIn account, Facebook page, YouTube channel, Instagram page and any other social media outlet.

14. Monitoring. You acknowledge and agree that United in Heart may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in United in Heart' sole discretion: to operate the Site; protect the rights and properties of United in Heart and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that United in Heart is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, United in Heart may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However, United in Heart cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, United in Heart shall not assume any liability for user content or third party conduct, communication or information on the Site.

15. Links and Online Listings. From time to time United in Heart may post and/or may permit you, other Site users or third parties to post on the Site (a) links to third party sites ("Links") or (b) listings regarding the availability of relevant products or services ("Listings"). Such Links and Listings are provided subject to this Section 15, and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that United in Heart does not control any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by United in Heart. United in Heart may remove any Links or Listings at any time for any reason or for no reason.

UNITED IN HEART WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

16. Proprietary Rights. The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of United in Heart and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws; provided that you will retain ownership in your Submissions. Except as expressly provided herein or permitted or otherwise authorized in advance by United in Heart in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any third person user information, on any element of the Site, including without limitation the Site itself or any Site content, or other materials made available through the Site.

Trade names, trademarks and service marks of United in Heart or its licensors include without limitation, United in Heart, Enviros, and any associated logos. All trademarks and service marks on the Site not owned by United in Heart are the property of their respective owners. The trade names, trademarks and service marks owned by United in Heart, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of United in Heart trade names, trademarks or service marks without our express prior written consent.

17. Donations and Refunds. If you donate money using the App, your donations are made to United in Heart in their entirety for us to distribute in accordance with our legally binding contract with Sadhana Forest. More information on the legal obligations of this contract can be found in Section 20 entitled “Representations.” If you use the Site to donate money to United in Heart in general (such as on our website and not on our App), and thus not toward United in Heart tree-planting donations and water management donations, then the money will be applied to United in Heart’s general fund. All donations made using the Site are final and will not be refunded.

18. Donations, Trees Planted and Families Uplifted. Tree planting donations on the App are priced at $1.50 - $1.75 per tree. The “Trees Planted” total on the landing page updates when your payment clears, normally soon after you submit your donation. However, financial transactions for monthly payments do not process on the 29th, 30th, and 31st of the month and instead will post on the 1st of the following month. Consequently, for monthly donations initiated on the 29th, 30th, and 31st, the Trees Planted total on the landing page will update on the 1st of the month. The same is true for your “Families Uplifted” total.

19. Enviros. Enviros are like frequent flyer points for environmentalists. United in Heart believes environmentalism is 1) positive food, carbon and communication choices, and 2) attaining environmental awareness and personal empowerment. Thus, Enviros on the app is an indicator of your environmentalism, and your Enviros Map, once available, can serve as a progress bar in multiple social justice areas. Enviros are points that can be used to qualify for one or more thank-you gifts during a giveaway program (also called a prize, herein the two terms “thank-you gift” and “prize” are interchangeable). See Section 30 for the Giveaway Program Contest Rules. Please note that United in Heart’s limitations of liability and disclaimer of warranties in Section 22 applies in full effect to this Section 19 and all Sections of this Agreement except for Section 20.

20. Representations. United in Heart hereby represents that it entered a legally binding contract with Sadhana Forest, which legally obligates 1) United in Heart to donate $1.21 per tree to Sadhana Forest for all tree-planting donations United in Heart receives on the App, which comes to about 80.6% of tree-planting donation revenue to Sadhana Forest for all donations at $1.50 per tree, 2) Sadhana Forest to plant fruit, nut, and edible leaf trees, 3) Sadhana Forest to only plant such trees in lands owned or controlled by common people, such as villagers in India, Haiti and Kenya, and that the plantings will serve to improve the livelihoods of people at an approximate rate of at least one family uplifted for every 60 trees planted, 4) Sadhana Forest will make tree-plantings and carry out water management services in consideration of United in Heart tree-planting donations and water management donations, respectively, and 5) Sadhana Forest will carry out all such plantings using veganic tree planting practices.

21. Advertisements. The descriptions of, and references to, products, services and companies on the Site, including advertisers in embedded YouTube videos that display on the Site, are the sole responsibility of the companies providing the information ("advertisers"), and not United in Heart. The inclusion of material on this server does not imply any endorsement by United in Heart, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

22. Limitations of Liability and Disclaimer of Warranties. WITH THE SOLE EXCEPTION OF THE REPRESENTATIONS IN SECTION 20, THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES IN THE KNOW-HOW SECTION OF THE APP AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. WITH THE SOLE EXCEPTION OF THE REPRESENTATIONS IN SECTION 20, UNITED IN HEART DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; VIDEOS, ARTICLES, OR LINKS DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

UNITED IN HEART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. IF A COURT OF LAW WITH SUBJECT MATTER AND PERSONAL JURISDICTION FINDS THAT UNITED IN HEART IS LIABLE FOR DAMAGES RELATED TO THE APP IN SPITE OF THE PROVISIONS IN THIS SECTION, THEN THE MAXIMUM LIABILITY OF UNITED IN HEART FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $25 US DOLLARS.

WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.

ALL INFORMATION PRSENTED ON THE SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY.  YOU SHOULD NOT RELY ON THIS information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.

The CREATORS OF UNITED IN HEART ARE not nutritionists or registered dietitians. Statements within this site have not been evaluated or approved by the Food and Drug Administration.

You are ultimately responsible for all decisions pertaining to your health. Each individual’s dietary needs and restrictions are unique to the individual. The USER assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. UNITED IN HEART IS not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or DIET PLANS herein or hereafter.

23. Indemnity. You agree to defend, indemnify and hold harmless United in Heart and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, donors, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site; or (e) arising out of or relating to participation in any of the giveaway programs and receipt and use or misuse of a thank-you gift awarded.

24. Termination. This Agreement is effective until terminated. United in Heart, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if United in Heart believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that United in Heart may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that United in Heart shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall United in Heart have any obligation to make information or files associated with the Site available to you after any such termination.

25. Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of Oregon, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in Multnomah County, Oregon and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that United in Heart may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The Site is hosted and operated in, and made available from the United States. United in Heart does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

26. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send United in Heart a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send United in Heart a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to us at help@unitedinheart.org.

27. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to help@unitedinheart.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. United in Heart can also be reached at: United in Heart; 3 Monroe Parkway, Suite P#115; Lake Oswego, OR 97035, USA.

28. Business Transfers. In the unlikely event of a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy, United in Heart may sell, transfer or otherwise share some or all of its assets, including your Submissions, provided that the acquiring entity assumes the rights and obligations in this Terms of Use agreement and the Privacy Policy.

29. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and United in Heart. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and United in Heart relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and United in Heart relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. United in Heart will not be responsible for failures to fulfill any obligations due to causes beyond its control.

30. Giveaway Program Contest Rules. If a giveaway program contest is impaired in any way for any reason, including, but not limited to fraud, virus or other technical problem, United in Heart may either: (a) cancel or terminate the program; (b) suspend the program while it investigates the impairment, then resume the promotion if the impairment is resolved; or (c) award the prize at random from among the eligible entries received up to the time of the impairment. United in Heart may disqualify entrants if United in Heart believes any entrant has violated the rules of the program or acted in an unsportsmanlike, deceptive or disruptive manner. Failure by United in Heart to enforce any term of these rules of the program does not constitute a waiver of that provision. On or around one week after the applicable entry period closes, United in Heart will select potential winners for the thank you gift(s) based on all eligible entries received during the applicable period. Potential winners will be notified by email or telephone (in United in Heart's discretion). Any thank-you gift not timely accepted by a winner will, in United in Heart's sole discretion, be forfeited for future use by United in Heart or awarded to an alternate winner. If a prize notification e-mail or any prize is returned to United in Heart or its designated agent as undeliverable, that prize will be awarded to an alternate winner. Prizes will be awarded on an individual basis, with no more than one prize awarded to each entrant for a single giveaway program. United in Heart may, in its sole discretion, choose to substitute a prize of equal or greater value in the event the offered prize is unavailable. Prizes are not redeemable for cash, exchangeable or transferable. All taxes on prizes, including but not limited to Federal, State, and local income and sales taxes, are the responsibility of the winners. For Sadhana Forest Travel Visit prizes, the actual value of the prize may vary depending on city of departure, dates and times of travel, and airfare fluctuations at the time of travel bookings. Each Sadhana Forest Travel Visit prize includes a free roundtrip flight for two people to a Sadhana Forest location (Haiti, Kenya or India). United in Heart may limit travel to one or more Sadhana Forest locations should travel conditions to a particular location appear unsafe in United in Heart’s sole discretion. In addition, United in Heart will ensure that Sadhana Forest will double the necessary carbon offset for the roundtrip flight with tree-plantings and, if the prize winner wishes to stay onsite at the Sadhana Forest location during the visit, then Sadhana Forest will cover room and board at no charge. Any costs associated with the travel prize that are not expressly stated in this section are excluded and are the sole responsibility of the winner and their travel companions. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, including, but not limited to, airport fees, trip and travel insurance and premiums, excursions, meals, drinks, charges for changing dates, and other personal expenses. Air transportation and the living accommodations must be taken together during the same trip and cannot be used for separate trips. Winners may choose to forego air transportation or the living accommodations and provide their own, in which case United in Heart will have no responsibility regarding such arrangements. Travel is subject to capacity controls, availability, holiday and other blackout dates, and certain other restrictions and conditions. All eligible entries in a Sadhana Forest Travel Visit prize giveaway will remain eligible for subsequent travel visit prize giveaways unless drawn as a winner. If the thank-you gift becomes unavailable or infeasible to award, or if any program is impaired or becomes impractical due to any event beyond the control of United in Heart, United in Heart may modify, shorten, suspend or cancel the giveaway program contest without liability. United in Heart reserves the right to limit one gift per entrant and to exclude previous program winners from entering a particular future program if the future program is materially alike to the previously won program. Participating in a giveaway program is voluntary. Each giveaway program will indicate how to enter into a program, such as emailing United in Heart at a certain email address during an open enrollment time period. By agreeing to this Terms of Service Agreement, you agree to be bound by these official rules and that United in Heart has made no warranty, representation or guarantee, expressed or implied, relating to any thank-you gift. ALL THANK-YOU GIFTS ARE PROVIDED AS-IS.

31. Special Provisions Related to the App. Regarding the App and with respect to any Apple device or any download of our App from the Apple App Store, You agree to the following terms. Acknowledgement: You and United in Heart acknowledge that the Agreement is between You and United in Heart only. Apple is not a contractual party of this Agreement. Scope of License: The Agreement is limited to a non-transferable license to use the App on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing. Maintenance and Support: You and United in Heart acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. Warranty: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User (if applicable); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App. Product Claims: Apple is not responsible for addressing any claims brought by You or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks (if any). Intellectual Property Rights: You and United in Heart acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will not in any way whatsoever be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. United in Heart Name and Address: You acknowledge that United in Heart’s contact information is provided in this Agreement. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, e.g., you must not be in violation of your wireless data service agreement (if applicable) when using the App. Third Party Beneficiary: You and United in Heart acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.