AGREEMENT BETWEEN USER AND FUNDSGIVING.COM
FUNDSGIVING.com, Inc. (“FUNDSGIVING.com”) Web Site is comprised of various Web pages operated by FUNDSGIVING.com and Web pages set up by registered Users with FUNDSGIVING.com. FUNDSGIVING.com shall have registered Users of its Web Site (fundraisers) and visitors to its Web Site (donors), both collectively referred to hereunder as Users. FUNDSGIVING.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of FUNDSGIVING.com Web Site constitutes your agreement to all such terms, conditions, and notices.
FUNDSGIVING.com reserves the right to change the terms, conditions, and notices under which Fundsgiving.com Web Site is offered.
As set forth herein, FUNDSGIVING.com shall provide the following services (“Services”) to Users of the Web Site:
FUNDSGIVING.com shall process and collect donations made by donors on web pages set up by registered Users of the Website, depositing such donations into a FUNDSGIVING.com bank account separate from FUNDSGIVING.com’s operating account. FUNDSGIVING.com shall remit donated funds to designated registered Users on a monthly basis, or in one lump sum if so elected by registered User, by check or electronic fund transfer to the registered User’s designated bank account. Such payment shall be less FUNDSGIVING.com’s service fee of 7.5 % of the online donation made at the registered User’s web page. This service fee is inclusive of bank and credit card processing fees. FUNDSGIVING.com’s service fee and timing is subject to change at FUNDSGIVING.com’s sole discretion, with any such change taking effect for donations made post change.
FUNDSGIVING.com shall email a thank you acknowledgment and receipt to donors on behalf of the registered User.
Users of FUNDSGIVING.com’s Web Site who wish to set up a web page for donations shall first complete the online registration process setting up an account and then create their web page. As part of the registration process Users will be required to provide their, name, organization name, address, email address and other contact information. FUNDSGIVING.com shall complete a verification procedure regarding the User’s registration. Once the verification process is complete, the registered User shall have access to password protected secure areas of the Web Site. The registered User is responsible for safe guarding User’s password.
Donations made to registered Users shall be paid online by donors via credit card payments to FUNDSGIVING.com as agent for the registered User. FUNDSGIVING.com’s service fee shall be deducted from the donation at the time of the donation. FUNDSGIVING.com shall remit payment to registered User by the 15th of the month following the month donations are made. User of the Web Site shall be solely responsible for payment of User’s taxes, including payment of applicable federal, state and taxes. Once made donations are non-refundable and are considered unrestricted gifts without restriction as to how the fundraiser may use such funds. The User is solely responsible for electing the fundraiser User wishes to donate to.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of FUNDSGIVING.com Web Site, you warrant to Fundsgiving.com that you will not use FUNDSGIVING.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use FUNDSGIVING.com Web Site in any manner which could damage, disable, overburden, or impair FUNDSGIVING.com Web Site or interfere with any other party's use and enjoyment of FUNDSGIVING.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Fundsgiving.com Web Site.
In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and/or you to follow these User Rules. The views, ideas or expression posted by Users are not necessarily that of Fundsgiving.com. By way of example, and not as a limitation, User agrees that when using a Web Site, User shall not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Users may not post or transmit any message that is libelous or defamatory, or violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The user agrees to indemnify and hold harmless FUNDSGIVING.COM from any and all damages suffered by third parties as a result of the User's violation of this term.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Interfere with other users' use of the FUNDSGIVING.COM Web site, including, without limitation, disrupting the normal flow or use of the service.
- Download any file posted by another user of a Web Site that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- It is not the intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, FUNDSGIVING.COM reserves the right to take such action as it deems appropriate in cases where the FUNDSGIVING.COM Web site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
- Violate any applicable laws or regulations.
Fundsgiving.com reserves the right to review materials posted to the Web Site and to remove any materials in its sole discretion. Fundsgiving.com reserves the right to terminate your access to any or all of the Web Site at any time without notice for any reason whatsoever.
Fundsgiving.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fundsgiving.com's sole discretion.
Materials uploaded to the Web Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO FUNDSGIVING.COM OR POSTED AT FUNDSGIVING.COM WEB SITE
Fundsgiving.com does not claim ownership of the materials you provide to Fundsgiving.com (including feedback and suggestions) or post, upload, input or submit to Fundsgiving.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fundsgiving.com, and necessary sub licensees permission to use your Submission in connection with the operation of Fundsgiving.com Web Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fundsgiving.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fundsgiving.com sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIMITED WARRANTIES & LIABILITY DISCLAIMER
FUNDSGIVING.COM ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE FUNDSGIVING.COM WEB SITE OR ANY OTHER INTERNET SITE LINKED TO IT IN ANY WAY. FUNDSGIVING.COM DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE FUNDSGIVING.COM WEB SITE OR THE INTERNET.
FURTHERMORE, FUNDSGIVING.COM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, FUNDSGIVING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE FUNDSGIVING.COM WEB SITE, AND PRODUCTS CONTAINED THEREIN, OTHER WEB SITES ACCESSED BY "HYPERLINK," OR THE INTERNET GENERALLY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). You understand that, except for information, products, or services clearly identified as being supplied by FUNDSGIVING.COM, FUNDSGIVING.COM does not review, operate, or control any material, information, products or services on the Internet, including electronic transmissions from Users or materials connected to the FUNDSGIVING.COM Web site through "hyperlink", in any way.
WITHOUT LIMITING THE FOREGOING, FUNDSGIVING.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE FUNDSGIVING.COM WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREON; (II) THAT THE FUNDSGIVING.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FUNDSGIVING.COM WEBSITE; OR (IV) THAT THE FUNDSGIVING.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF FUNDSGIVING.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDSGIVING.COM MAKES NO REPRESENTATION AS TO WHETHER ALL OR ANY PORTION DONATIONS MADE ONLINE AT FUNDSGIVING.COM ARE TAX DEDUCTIBLE. FUNDSGIVING.COM MAKEs NO REPRESENTATION OR WARRANTY, NOR SHALL FUNDSGIVING.COM BEAR ANY RESPONSIBILITY OR LIABILITY CONCERNING THE FEDERAL, STATE OR LOCALTAX CONSEQUENCES ARISING FROM USERS USE OF THE WEB SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDSGIVING.COM AND/OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FUNDSGIVING.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE FUNDSGIVING.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FUNDSGIVING.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF FUNDSGIVING.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDSGIVING.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FUNDSGIVING.COM WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FUNDSGIVING.COM WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Fundsgiving.com shall indemnify, defend and hold harmless User and (if applicable) User’s officers, directors, employees and agents from and against all claims by a third party for losses arising out of, based upon or in connection with (1) any actual or alleged infringement of any patent, copyright, trademark or similar property right or (2) any violation of law arising out of the Fundraise services herein described User shall indemnify, defend and hold harmless Fundsgiving.com and its officers, directors, employees, agents and clients from and against any and all liabilities, losses, damages costs and expenses (including, without limitation, attorneys’ fees, costs, and disbursements) , based upon or in connection with the acts or omissions of User, its employees, agents, contractors and other personnel, including, without limitation: (a) any actual or alleged infringement of any patent, copyright, trademark or similar property right arising from the content of User’s web page; (b) a violation of law; and (c) libel, slander, defamation, invasion of privacy, fraud or misrepresentation.
Promptly after receipt of any written claim or notice of any action giving rise to a claim for indemnification a party seeking to be indemnified (“Indemnitee”) shall so notify the other party (“Indemnitor”) and shall provide copies of such claim or any documents relating to the action. Failure to notify Indemnitor will not relieve the Indemnitor of its obligations under this Agreement, except to the extent that the failure or delay is materially prejudicial to Indemnitor’s defense of such claim.
Indemnitor shall have sole control over the defense and settlement of such claim; provided, however, that (a) Indemnitee shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) Indemnitor shall obtain the prior written approval of Indemnitee before entering into any settlement of such claim or ceasing to defend against such claim.
This section shall survive any termination of Services hereunder.
WAIVER OF RESPONSIBILITY FOR DEFECTIVE OR CONTAMINATED MATERIALS
Although Fundsgiving.com makes every effort to ensure the correctness of data, Fundsgiving.com disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. You also understand that Fundsgiving.com cannot and does not guarantee or warrant that files available for downloading through the service will be free of "infection" or "viruses," "worms," "Trojan horses" or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Fundsgiving.com Web site for the reconstruction of any lost data. Use of the fundsgiving.com Web site and the Internet generally is at the User's own risk.
LINKS TO THIRD PARTY SITES
Fundsgiving.com Web Site contains links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Fundsgiving.com and Fundsgiving.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fundsgiving.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Fundsgiving.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fundsgiving.com of the site or any association with its operators.
Neither party shall be liable for failure or delay in performance of its obligations under this Agreement when such failure or delay is caused by an act of God, a flood, a hurricane, extreme weather, fire, or other natural calamity, an act of a governmental agency, terrorism, internet outage or similar causes beyond the control of such party. If for any of the reasons set forth above either party shall be unable to perform any obligation when due, such party shall immediately notify the other party of such inability and of the period over which such inability is expected to continue. Affected obligations of the parties shall be temporarily suspended during the period of Force Majeure and the time for performance under this Agreement shall, as applicable, be extended by the duration of any such period; provided, however, that if the delay continues for a period of 15 days or more, either party may terminate this Agreement by written notice to the other.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state courts in Suffolk County, Massachusetts, U.S.A. and of the United States of America located in the Commonwealth of Massachusetts in all disputes arising out of or relating to the use of Fundsgiving.com Web Site. Use of Fundsgiving.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fundsgiving.com as a result of this agreement or use of Fundsgiving.com Web Site. Fundsgiving.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fundsgiving.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Fundsgiving.com Web Site or information provided to or gathered by Fundsgiving.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fundsgiving.com with respect to Fundsgiving.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fundsgiving.com with respect to Fundsgiving.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of Fundsgiving.com Web Site are: Copyright 2011 by Fundsgiving.com, Inc. and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.