Last Updated: August 18, 2025
THESE TERMS GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE.
Member for A Day, LLC (“Company”," "we," "us," or "our") welcome you to our Site. These Terms of Use ("Terms") govern your use of this Site and any other Company Site, including, but not limited to, Company fundraising Sites, Company scheduling Sites, Company client interface Sites, any content, functionality and services offered on or through this Site, or any other Company Site that links to the Terms (collectively, the "Site"), except as otherwise provided herein. Please review these Terms carefully. By using the Site, or by checking or clicking to accept or agree to these Terms when this option is made available to you, you agree to be bound and abide by the Terms. If you do not agree to be legally bound by the Terms, you are not authorized to use the Site and should exit immediately.
To access the Site or resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Unauthorized use of Company's Sites including, but not limited to, unauthorized entry into Company's systems, or misuse of any information posted on a Company Site is strictly prohibited. Company makes no representation that the products and services described on the Site are available in all countries. Your eligibility for particular products and services is subject to final determination by Company.
Company reserves the right to change these Terms from time to time. You should periodically check the effective date at the top of this webpage to be sure that you are viewing the most recent version of the Terms and the important information that it includes. All changes to the Terms shall be effective upon posting. Your continued use of the Site after any changes to these Terms constitutes your agreement to be bound by any such changes. Company may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.
In using the Site, you agree:
The Site provides users with the ability to make Donations generated from the auctioning of golf course rounds, made to Our Change Foundation ("OCF"), a United States 501(c)(3) tax-exempt public charity and donor-advised fund (EIN: 86-3353394). In the event a winner of an auction pays an amount above the fair market value ("FMV") for a golf course round or other item(s) received as a result of an auction, then said amount above the FMV is the winner/donors' donation to OCF. OCF will contribute the user's donation, if any, to the nonprofit Organization, net of fees, identified with the respective auction (the "Recipient Organization"), unless the Recipient Organization is unqualified to receive the donation as further described below. When you use the Site, you will have the ability to review a large list of charitable organizations each identified with a particular auction. In some cases, we may also display a charitable organization's logo or provide additional information about that charitable organization, apart from the aggregated auction list. Be advised that the listing or display of a charitable organization on the Site does not constitute a solicitation of donations. With the exception of engaging in charitable solicitations on behalf of OCF, Company does not engage in any solicitation activities on behalf of, or endorse, any of the charitable organizations that may be included on or linked from the Site, nor does it consult on the solicitation of contributions, on behalf of any individual, entity, or organization that may be included on or linked from the Site. Company does not endorse and has no affiliation with any of the charitable organizations accessed via the Site, and we make no warranty or guarantee about the accuracy, completeness, or adequacy of the information that may be displayed. It is your sole responsibility to review and research the charitable organizations to which you may suggest to OCF to contribute.
OCF is a United States 501(c)(3) tax-exempt public charity and donor-advised fund that receives all Donations of user's donations, and grants the donations, net of fees, to Organizations based on Users' suggestions.
All donations sent by Company users to OCF shall be subject to OCF's exclusive control and discretion, and grants made by OCF to Organizations from donations generated from the program shall be subject to OCF's Grantmaking Policy, which is accessible at [LINK].
OCF provides a donor-advised fund program that complies with all applicable laws related to donor-advised funds and sponsoring organizations.
Donor-advisors have the right to make recommendations to Company and OCF concerning grant disbursements. Consistent with federal tax law requirements, OCF may accept or reject the recommendations of the donor-advisors in its sole and absolute discretion and maintains ultimate discretion and control with respect to any such distributions.
From time to time, OCF considers granting or contributing funds to other eligible organizations suggested by donor-advisors. As part of OCF's commitment to honoring these suggestions, OCF makes every effort to direct contributions or grants to those qualified charities recommended and suggested by the donor-advisors.
The tax-deductible status of a donation made does not change if funds are reassigned because OCF is the charitable organization of record for the donor's original donation. Donors should disregard any additional tax receipt received from a benefiting charity as a result of OCF's grant in such cases.
OCF will make grants only to "qualified charities" which include tax exempt entities that are described in Internal Revenue Code Section 170(b)(1)(A) other than supporting organizations described in Internal Revenue Code Section 509(a)(3). This includes churches, schools, hospitals, government entities and most 501(c)(3) public charities, but it does not include 501(c)(3) private non-operating foundations or 509(a)(3) public supporting organizations.
OCF will only make grants to a charitable organizations in good standing. A charitable organization is in good standing unless (1) the charity's public charity status with the Internal Revenue Service as an organization described in Section 501(c)(3) of the Code has changed or has been revoked; or (2) the charity's registration to solicit charitable contributions with the California Attorney General's Office Registry of Charitable Trusts is not in good standing, which means that the registration is delinquent or suspended or revoked; or (3) or Charity is prohibited from soliciting or operating in the state by the California Attorney General, or Charity's tax-exempt status has been revoked by the California Franchise Tax Board.
Such grants are also subject to limitations and prohibitions fully described within OCF's Regranting Policy, at [LINK].
All donations are gifts made voluntarily to OCF with no conditions. Donors receive a tax receipt from Company on behalf of OCF at the time of the donation or shortly thereafter.
Company and OCF do not provide refunds of donations that OCF has already granted to a charity. Winning bids are a FINAL SALE, and thus refunds may only be granted at OCF's discretion, only in exceptional circumstances, and only when the funds have not been granted to a charity.
Donations will be sent to the recipient charity within a maximum of thirty (30) days after the end of the month in which the donation was made, unless the recipient charitable organization is not eligible to be sent the funds. Donations will be made to OCF, and the donor will receive a tax receipt from OCF as the recipient charity, and OCF in turn will disburse the funds to the organization suggested by the customer if it is a qualified charity.
Company, on behalf of OCF, will issue charitable contribution receipts to Company customers that contribute to OCF reflecting OCF's EIN number as the recipient charity. In the event a winner of an auction pays an amount above the FMV of golf course round or other item(s) received as a result of the auction, then said amount above the FMV is the winner/donors' donation to OCF. If OCF determines that the organization is a qualified charity and has an account with Change, then OCF will disburse funds to the suggested qualified charity, and the organization will receive the funds within the time period described above. If OCF determines that the organization is a qualified charity and does not have an account with Change, then OCF will send a letter to the organization requesting that the Organization establish an account with Change so that OCF can disburse the funds to the organization. While OCF has ultimate discretion, control, and authority as to whether to grant the amount the Company/customer/donor contributed to OCF to the organization suggested by donor-advisor, OCF will do so unless the charity is not a qualified charity.
Unqualified Charities. If it has been determined that an organization suggested by a Company customer does not meet OCF's standard charitable organization vetting processes and thus is not a qualified charity eligible to receive a grant from OCF, then OCF, or Change on behalf of OCF, will notify the donor in writing, via email or otherwise as allowed under applicable law, no later than thirty (30) days after the determination of eligibility and request the donor suggest an alternate organization. The donor shall have thirty (30) days from the date of receipt of the notification to recommend an alternate organization by responding to said notice. If an alternate is timely recommended, then OCF will send the donated funds to the alternate organization no later than thirty (30) days from the last date donors could timely recommend an alternate organization, unless OCF determines the alternate is not a qualified charity. If an alternate is timely recommended and determined not to be a qualified charity, then OCF will select another alternate organization, and send donated funds to the alternate selected by OCF no later than thirty (30) days from the last date donors could timely recommend an alternate organization. If an alternate is not timely recommended, then OCF will select an alternate organization, and send the donated funds to the alternate no later than thirty 30 days from the last date donors could timely recommend an alternate organization.
OCF pays Company 22% of the total price of the winning bid. The remaining 78% percent goes to OCF which the contributes the entire 78% to the recipient charity, subject to OCF's terms. In addition, Company charges a processing fee of approximately 5.5% of the winning bid. As an example, if the winning bid is $100, Company will charge a processing fee of $5.50. $78 of the bid goes to OCF which then contributes the 78% to the recipient charity, and $22 would go to Company, plus the $5.50 processing fee. This fee is shown to bidders in the process of entering credit card info and placing the bid. You acknowledge that Company may charge such fees, which they will disclose to you (1) at the time that you complete a donation to OCF using Company's Site and (2) in these policies.
Our Change Foundation is a California non-profit organization which works to process donations for thousands of charities online to amplify the voices and impact of nonprofits working on the world's most critical problems. Our Change Foundation is located at 548 Market Street PMB 92031, San Francisco, CA 94104. Our Change Foundation has retained Member For A Day, LLC, (9 Timber Marsh Ln., Hilton Head, SC 29926, and (917) 748-6789), a paid professional fund raiser, to assist in this fund raising program. Your contribution may be tax deductible pursuant to IRC §170(c). Although our financial report is always sent free to anyone requesting a copy, certain states require us to advise you that a copy of our financial report is available from them.
California: This solicitation is being conducted by Member For A Day, LLC, a commercial fundraiser, for charitable purposes.
Colorado: Member For A Day, LLC's registration number: 20243010379; Our Change Foundation's registration number: 20223006510; Colorado residents may obtain copies of registration and financial documents from the Secretary of State by calling (303) 894-2680 or at www.sos.state.co.us.
FLORIDA: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 1-800-435-7352 TOLL-FREE WITHIN THE STATE OR VISITING www.FloridaConsumerHelp.com. Our Change Foundation's Florida registration number CH66873. Member For A Day, LLC's Florida registration number: SS75206.
Georgia: A full and fair description of the programs of Our Change Foundation and our financial statement summary is available upon request at the office and phone number indicated above. The contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State.
Illinois: Contracts and reports regarding the charity are on file with the Illinois Attorney General.
Kansas: Our Change Foundation's Kansas registration number is 21-028199. The annual financial report for the preceding fiscal year is on file with the Secretary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612.
Maine: You may obtain information on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund raiser by contacting the Attorney General, Department of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333.
Maryland: A copy of the current financial statement of Our Change Foundation is available by writing 548 Market Street PMB 92031, San Francisco, CA 94104 or by calling 816-472-9000. Documents and information submitted under the Maryland Charitable Solicitations Act are also available for the cost of copies and postage from the Secretary of State, Statehouse, Annapolis, MD 21401, 1-410-974-5534.
Mississippi: The official registration and financial information of Our Change Foundation may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167.
New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
New York: You may obtain information on charitable organizations and obtain a copy of Our Change Foundation's latest financial report from the New York Attorney General's Charities Registry at www.charitiesnys.com or, upon request, by contacting the Office of the Attorney General, Charities Bureau, 28 Liberty Street, New York, NY 10005, or calling (212) 416-8401.
North Carolina: Financial information about Our Change Foundation and a copy of its license are available from the State Solicitation Licensing Branch at (888) 830-4989.
Pennsylvania: The official registration and financial information of Our Change Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999.
Tennessee: Our Change Foundation has retained Member For A Day, LLC, a paid solicitor.
Washington: A Notice of Solicitation required by law is on file with the Washington Secretary of State. You may obtain additional financial disclosure information by contacting the Secretary of State at 1-800-332-GIVE.
West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305
Wisconsin: A financial statement of Our Change Foundation disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided to any person upon request.
Vermont: For information on how much of your contribution goes to the charity and how much to the paid fundraiser, contact the Vermont Consumer Assistance Program, Morrill Hall, UVM, Burlington, VT 05405, tel. 1-800-649-2424, or the Vermont Attorney General's Internet website, http://www.atg.state.vt.us
Virginia: The professional solicitor conducting this campaign Member For A Day, LLC, files a financial report for each campaign it conducts. Copies of these financial reports are available from the Virginia Office of Consumer Affairs, P.O. Box 1163, Richmond, VA 23218; 1-804-786-1343.
REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE OF THE PAID SOLICITOR, THE ORGANIZATION OR THE CAUSE THE SOLICITOR REPRESENTS.
The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, desktop, mobile, or other applications for download, and other material provided by or on behalf of Company (collectively, "Content"). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must not remove or alter copyright or other proprietary notices contained in the original Content, and if Company allows you to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, or distribute the Content, you must include those proprietary notices without alteration. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without the express written permission of Company. The use or posting of the Content on any other Site, public or private electronic retrieval system, or in a networked computer environment for any purpose is expressly prohibited.
Company makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you violate any part of these restrictions, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Company (the " Company Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Company Trademarks, the "Trademarks"). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Company Trademarks inures to Company's benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content for the Site may be retransmitted without our express, written consent for each and every instance. Use of Personal Information
Company 's practices and policies with respect to the collection, use and sharing of nonpublic personal information collected from or about you when you visit the Site is governed by the Company Online Privacy Policy ("Company’s Privacy Policy, which is hereby incorporated in its entirety and available at this Site).
While we endeavor to ensure that the Site is normally available, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, legal requirements, maintenance or repair or for reasons beyond our control. Links
The Site may contain links to third-party Sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content and/or services on such External Sites, which are provided by third parties. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content and/or services located on such External Sites. We are not responsible for the content and/or services provided via any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. External Sites may have a privacy statement different from Company 's Privacy Statement, and the External Site may provide less security than the Site. If you decide to access linked External Sites, you do so at your own risk.
In using the Site, you agree:
Company has no obligation to monitor the Site; however, you acknowledge and agree that Company has the right to view, monitor and/or record the Site and Site activity electronically or otherwise, without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Company may also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Company may, in its sole and absolute discretion (i) delete and/or take down any material from the Site, (ii) disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, (iii) operate the Site, and (iv) take any steps that it deems necessary or appropriate to protect itself and/or users of the Site.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage and auction pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
THE SITE AND COMPANY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, ITS AFFILIATES, PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY "THE COMPANY PARTIES"), DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE OR THE COMPANY CONTENT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. COMPANY IS NOT SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE COMPANY CONTENT AT YOUR OWN RISK.
COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER OR THE COMPANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE COMPANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IN THE ABSENCE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY US, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the Company Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use or misuse of the Site or content in violation of the Terms or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Company Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Company. You hereby agree to cooperate with any reasonable requests from Company to assist in its defense of such claim or matter. You further agree to indemnify and hold harmless the Company Parties from any claim arising from a third party's use of information or materials of any kind that you post in a public area of the Site.
These Terms are effective until terminated by Company at any time without notice. Company may suspend, restrict and/or terminate your access and use of the Site at any time, with or without cause, in Company's absolute discretion and without notice. The following paragraphs of these Terms shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
COMPANY respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Member For a Day, LLC
ATTN: DESIGNATED AGENT - IP Department
9 Timber Marsh Lane
Hilton Head, SC 29926
or via email:: info@memberforaday.com
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
These Terms and all other aspects of your use of the Site shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of South Carolina, without regard to its Conflict of Law Rules. All claims and disputes arising out of these Terms, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by Company, shall be exclusively brought in the federal, state, or local courts located in South Carolina, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Failure by Company to enforce any provision(s) of these Terms shall not be construed as a waiver thereof. Any cause of action you may have with respect to the Site, the Content, and/or these Terms must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved. You agree that you will not sue us as an individual. You agree that you will not file or participate in a class action against Company.
If you have questions regarding the Terms or the practices of Company, please contact us by e-mail at info@memberforaday.com