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Terms of Service

Effective August 1, 2014

1. Definitions:

1.1.

Fundraise.com, Inc. (“Fundraise”, “FR”, referred to throughout in the second person as “us”, “we”, “our”, etc.) is an online fundraising platform that allows anyone to raise money for any cause.

1.2.

The Fundraise service offering (collectively, the “Service”) includes www.fundraise.com (“Site”); and any services available on or through the website or otherwise provided by Fundraise, including any subdomains thereof; any API integrations or widgets provided by Fundraise; any other website or webpages we own or operate that include a link to this statement; or any applications (including mobile applications) made available by Fundraise.

1.3.

"Fundraise Website" means the website pages of any website or widgets owned or operated by Fundraise. A widget is a portable chunk of code that can be installed and executed within any separate HTML-based web page by an end user without requiring additional compilation.

1.4.

"Payment Account" means the credit card account, debit card account or other payment instrument that is registered by a Donor with the Service and accepted by Fundraise to facilitate the processing of Payment Transactions.

1.5.

"Payment Transaction" means the processing of a payment through the Service that results in the debiting or charging of the donation amount to a Donor's Payment Account and the issuance of funds to User's Settlement Account.

1.6.

"Associations" means the groups of Card issuer banks or debit networks that facilitate the use of payment cards.

1.7.

"Settlement Account" means the deposit allocation of User maintained at a financial institution located in the United States and administered by Fundraise for receipt of funds from the processing of Payment Transactions.

1.8.

Any party that accesses or uses any Fundraise Service, whether manually or through automated means, is defined as a “User”, and applies to all - whether a charity, event organizer, event registrant or any other fundraiser or donor using our Service.

1.9.

Any party that accesses or uses any Fundraise Service to donate, purchase a ticket, or perform any other transaction, whether manually or through automated means, is defined as a “Donor”. All Donors are Users.

1.10.

“Donation” means any transaction performed using the Fundraise Service. This includes but is not limited to, donations to charities or non-charitable causes, tickets to charitable or non-charitable events, or any other online monetary transaction.

1.11.

"Service Disputes" mean any disagreements, litigation, or other disputes between Fundraise and Donors arising solely from an error in the functioning of the Service.

1.12.

"Policies" means the various policies, guidelines, and other terms and conditions that are referenced in this Agreement but are not expressly set forth in this Agreement. The Policies may be updated from time to time by Fundraise.

1.13.

Use of the Fundraise Services is governed by these Terms and Conditions of Service (“Terms”), and include our “Privacy and Security Policy”.

2. Acknowledgement

1.14.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Fundraise Service, you signify that you have read, understand, acknowledge, and agree to be bound by our Terms without modification.

1.15.

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Service and may not accept these Terms if you are not of legal age to form a binding contract with Fundraise. If you do not agree to these Terms of Use, you may not use the Service.

1.16.

Note that there may be times when we offer a special feature or service, like a subscription-based service, or a special feature or service provided by one of our many partnering organizations that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature, service or application control to the extent there is a conflict with these Terms.

3. Modification

1.17.

We reserve the right, at our sole discretion, to change these Terms (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Site or Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

4. Improvements

1.18.

Fundraise may update or otherwise modify the Service at any time for any reason in Fundraise’s sole discretion. Fundraise may shut down the Service for maintenance and development work when necessary. User acknowledges that they are familiar with the Service’s functions, and that the Service is sufficient without modification to meet your requirements. Fundraise shall have no obligation whatsoever to customize, modify or improve the Service.

5. Use of Content

1.19.

All information, materials, functions and other content ("Content") contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to Fundraise and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any or no reason.

1.20.

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site. Requests for written consent may be made via email to info@fundraise.com.

6. Service Features and Description

1.21.

Service Description. User acknowledges and agrees that: (i) User’s Contribution Amounts processed are transactions between User and Donor and not with Fundraise or any of Fundraise‘s affiliates; (ii) Fundraise is a third-party service provider facilitating Payment Transactions for User and is not a party to any Payment Transaction; (iii) Fundraise is not a Donor or a User in connection with any Payment Transaction; (iv) Fundraise will not be responsible for and does not control any aspect of the Contribution Amounts; and (v) Fundraise will not be responsible for and does not control if a Donor will complete the Contribution Amount or payment for Contribution Amount. When a Donor seeks to make a Contribution with a Payment Account, the Service will process the Payment Transaction on behalf of User through the appropriate payment-processing network, including without limitation credit card or debit card networks.

1.22.

Permissible Payment Transactions. User may only use the Service to process a Payment Transaction for a Contribution Amount that is Contribution by a Donor through a legitimate, bona fide gift of the Contribution Amount. A Payment Transaction may not be submitted for capture through the Service until User has satisfied the requirements for charging as described in the Program Policies. The Service may not be used to process a Payment Transaction for User, or otherwise transfer money between a Donor and User, that does not directly result from a Donor's Contribution of a Contribution Amount. User may not use the Service to provide cash advances to Donors or to facilitate the Contribution by Donors of cash equivalents (e.g., travelers checks, prepaid cards, money orders). Fundraise may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during one or more specified time periods. User may not use the Service to process Payment Transactions in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services, including without limitation prohibited maximum Contribution Amounts.

1.23.

Limitations on the Use of Service. User must comply with the Policies and any other limits concerning use of the Service as updated by Fundraise from time to time, including without limitation: (i) Fundraise requirements for data security; (ii) operating rules and/or policies of the card associations or networks that are used to process the Payment Transactions as may be updated from time to time. Fundraise has the right (i) to change, suspend or discontinue the Service, in whole or in part, as necessary to perform maintenance or updates to the Service and (ii) to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability. Fundraise may decline to process any Payment Transaction in connection with, among other reasons, fraud prevention activities, applicable law, or Fundraise policies.

1.24.

Prohibited Actions. Unless expressly permitted in writing by Fundraise, User may not: (a) establish a minimum Contribution Amount below $10.00; (b) add any Service use surcharge to a Payment Transaction; (c) submit to the Service a Payment Transaction that was previously returned as a chargeback; or (d) permit the use of the Service for payment of any debt owed to User by Donor.

1.25.

vPayment Transaction Authorization. User acknowledges that the receipt of an authorization for a Payment Transaction indicates only that, as of the date of the authorization, the underlying Payment Account has sufficient credit with the card issuer for the amount of the Contribution Amount. User acknowledges that the authorization is not a confirmation of the Donor's identity; nor is an authorization a guarantee by Fundraise that the transaction will not be subject to a chargeback or other reversal.

1.26.

Association Rules. Association Rules are the bylaws, rules, and regulations, as they exist from time to time, of the Associations. User agrees to comply with all Association Rules, as may be applicable and in effect from time to time. User understands that Fundraise may be required to modify this Agreement in order to comply with requirements imposed by the Association Rules. The Association Rules require that each User tenders to Fundraise for processing comply with the following conditions: (1) The Contribution Data represents payment or refund of payment, for the bona fide Contribution, which User has accepted in the ordinary course of its business; (2) The Contribution Data does not involve any element of credit for any purpose other than payment for a current transaction and, except in the case of approved reoccurring donation plans, the Cardholder’s Contribution has been made to the User; (3) To User's knowledge, the Contribution Data is free from any material alteration not authorized by the Cardholder; and (4) User has not advanced any cash to the Cardholder in connection with the Card transaction, nor has User accepted payment for effecting credits to a Cardholder's account. The Association Rules provide that Cardholder information and transaction data is owned by the Associations, the Card issuer and the Cardholder.

7. Additional Service Terms

1.27.

Fundraise Not a Banking Institution. User hereby acknowledges and agrees that (i) Fundraise offers the Service to facilitate the processing of Payment Transactions in connection with Contribution Amount Contributions by Donors, (ii) Fundraise processes Payment Transactions on behalf of User, (iii) Fundraise is not a bank or other chartered depository institution and (iv) funds held by Fundraise or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of User and are not insured for the benefit of User by the Federal Deposit Insurance Corporation or any other governmental agency.

1.28.

Unclaimed Property. User acknowledges and agrees that if (i) Fundraise is holding funds that are due to User arising from a Payment Transaction processed through the Service or otherwise, (ii) Fundraise is unable to contact User and (iii) Fundraise has no record of User's use of the Service for several years, then Fundraise may be required under applicable law to report the balance of such funds as unclaimed property. In the event of the foregoing, Fundraise will try to locate User at the User's mailing address shown in Fundraise 's records and, if Fundraise is unable to locate User, User acknowledges and agrees that Fundraise may be required to deliver any such funds to the applicable state as unclaimed property; provided, however that Fundraise may deduct a dormancy fee and other administrative charges from such unclaimed funds, as permitted by applicable law.

1.29.

No Endorsement. User acknowledges that Fundraise does not endorse the User or the User Website, any of the information or other content appearing on the User Website or provided by User to Fundraise ("User Content"). User agrees not to state or imply any endorsement by Fundraise or Fundraise on the User Website or otherwise. To the extent that User Content appears within the Service or on Fundraise Websites, Fundraise reserves the right to modify or remove the User Content at its sole discretion.

1.30.

Donor Identity. Fundraise has no responsibility to User to investigate the background or confirm the identity of Donors, except to the extent required by applicable law. Fundraise is not responsible for the quality of personal information provided by Donors in order to complete Payment Transactions.

1.31.

Disputes. Except as expressly provided for in the Chargeback Resolution Policy, User is solely responsible for Disputes and Fundraise is not a party to and will not be responsible for any Disputes. With respect to Disputes, User is subject to the Chargeback Resolution Policy and other dispute procedures as provided by Fundraise from time to time. Fundraise is solely responsible for Service Disputes and User is not a party to and will not be responsible for any Service Disputes; provided, that User agrees to provide reasonable assistance to Fundraise in resolving Service Disputes.

8. Service Fees and Distribution Process

1.32.

Service Fees. Fundraise.com uses a fixed transaction-fee-based model for supporting the tools, features and benefits of the site. The fees for the Service will be as set forth on the Fee Schedule (the "Service Fees"). There are no set-up or monthly/annual maintenance fees. Fundraise reserves the right to earn interest and/or other compensation from its service provider banks or others arising from the processing of Payment Transactions that have not settled to User. Offline donations can be added to your fundraiser at no additional charge.

1.33.

Distribution Payments. Fundraisers will receive their distribution payments less the Service Fees. For IRS registered US non-profits, distributions are sent to the address that the IRS has on file. For other personal or corporate causes, distributions are set to the address provided in writing to Fundraise.com. Charities will be responsible for taxes based on their net income or gross receipts.

1.34.

Distribution Schedule. Fundraise will hold amounts due and payable to User (subject to adjustments as described in Section 8.5) separate from Fundraise’s general corporate funds and will not use the amounts for Fundraise’s corporate operating expenses. Unless otherwise mutually agreed upon by the parties, Fundraise will issue a monthly check (commencing on the last day of the month following the initial donation) for Payment Transactions that are processed during the prior monthly period. These distribution schedules are subject to change at any time at the sole discretion of Fundraise.com. Notwithstanding the foregoing, Fundraise will not be obligated to settle funds to User: (i) for any Payment Transaction for which Fundraise has not received full settlement in final available funds if User does not capture funds during an authorization hold; or (ii) if User's earned balance at the time of disbursement or transfer is less than one dollar.

1.35.

Distribution Method. Standard distribution method is US dollar denominated bank check using the US postal service for delivery. Alternate forms of distribution including ACH and Wire transfer are available for a small fee as set forth on the Fee Schedule (the "Service Fees").

1.36.

vDistribution Adjustments. User acknowledges that Donors retain a chargeback right pursuant to card association and network rules, and Fundraise will have the right (but not the obligation) to pass chargebacks to User. As to particular Payment Transactions, Fundraise may withhold distributions or reverse previous distributions if (i) a Donor makes a claim to Fundraise for a refund or other reversal or (ii) Fundraise believes that the Payment Transactions are invalid, involve misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violate applicable law, this Agreement, or the Policies. User agrees to cooperate with Fundraise and to provide any information that may be reasonably requested by Fundraise in its investigation of any of the foregoing circumstances. Fundraise may offset any payment obligation that Fundraise may have to User under this Agreement against (i) Service Fees owed by User, (ii) amounts overpaid to User due to a later reversal, refund, chargeback or other adjustment to prior Payment Transactions, and (iii) any other amounts owed by User to Fundraise under this Agreement or any other agreement. In the event that User incurs a negative balance (i.e. due to negative adjustments exceeding the settlement proceeds for a particular period), Fundraise may debit the Settlement Account for the amount of the negative balance. Furthermore, Fundraise may choose to invoice User for any amounts owed by User under this Agreement, which will be immediately due and payable.

1.37.

Reserve. Fundraise reserves the right to withhold a portion of the proceeds that are payable to User with respect to the processing of Payment Transactions (a "Reserve") to help ensure that sufficient funds are available to Fundraise in the event of chargebacks, reversals and other liabilities related to User's use of the Service. Circumstances where Fundraise may impose a Reserve include, but are not limited to: (a) adverse changes in User's financial condition or its payment record with creditors; (b) excessive rate of chargebacks, reversals, or Donor support issues; or (c) significant changes in the nature of User's business or Contribution Amount lines. Fundraise is not responsible for any losses sustained by User as a result of the imposition of a Reserve.

1.38.

Refunds and Adjustments. Donations processed on the Fundraise.com website are legally binding, as stated in these Terms of Service.  Refunds must be requested by contacting the Support Team at support@fundraise.com or +1 857-445-4165. Any refunds, if approved, may take up to 72 hours to process.  If a refund request is submitted after the funds have been distributed to User, we will ask the donor to contact the User directly. Refunds cannot exceed the total amount of the Payment Transaction. Fundraise may reject or delay a refund request from User through the Service if Fundraise is unable to obtain sufficient funds from User to fund the refund.

1.39.

Taxes and Other Charges. User will pay any applicable taxes imposed by governmental entities of whatever kind and imposed with respect to the transactions under this Agreement, including penalties and interest, but specifically excluding taxes based upon Fundraise's net income. For purposes of clarification, Fundraise is not responsible for, and is not the entity collecting sales or income or other taxes with respect to Payment Transactions.

1.40.

Test Transactions. All credit card contributions from Fundraise staff will be considered test transactions. User will refund Fundraise for all test transactions and related processing fees. Test transactions are used to verify the functionality of User’s Fundraise configuration.

1.41.

Changes in Price. Fundraise may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during the Service term will apply to subsequent terms. If User does not agree to any such price changes, then User must terminate this agreement and stop using the Service. Users continued use of the Service after the effective date of any such change shall constitute acceptance of such change.

9. DONATION PROCESSING

1.42.

No Donor Fee. There are no fees or ancillary charges to a Donor to make a Donation.

1.43.

Third Party Processor. All Donations made to any fundraiser are processed by an insured third party payment processor (the "Processor") and are subject to the Processor’s terms of use. Fundraise.com is not liable or responsible for any errors or omissions, breaches of security, or other failures on the part of the Processor. No credit card information is retained by Fundraise.com.

1.44.

Donor Responsibility. All Donations are made at Donor’s sole discretion and at Donor’s sole risk based on Donor’s sole determination and evaluation of the fundraiser. Donor is solely responsible for determining the tax deductibility of any contribution.

1.45.

Charitable Donations. Donations made on Fundraise.com in support of Registered Charities or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to the respective charity and are only refundable if a duplicate donation was made. A receipt for tax deduction purposes will be sent to the email address provided by Donor when donating.

1.46.

Tickets. Donations made on Fundraise.com to purchase tickets to a Charitable Event are only refundable if a duplicate ticket purchase was made. A receipt for tax deduction purposes will be sent to the email address provided by Donor when donating, but the Donor is solely responsible for determining the level of tax deductibility of a Charitable Event ticket.

1.47.

Non-Charitable Donations. Donations made to fundraisers that are NOT categorized as “Charitable Causes” are only refundable if a duplicate donation was made, and are made at the sole discretion and at the sole risk of the Donor based on Donor’s sole determination and evaluation of the specific cause. Donor is solely responsible for determining the tax deductibility of any contribution.

1.48.

Receipts. A receipt is automatically sent to the email address provided when the donation is processed. Depending on Donor’s email account settings, emails can be filtered into a spam folder. If a receipt is not received when the donation is processed, Donor is advised to check all relevant spam or junk folders. If for some reason a receipt is not received, please contact the Support Team at support@fundraise.com and a duplicate receipt will be resent.

10. CREDIT CARD ANTI-LAUNDERING POLICY

1.49.

Only the authorized credit card holder may donate on Fundraise.com. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice, known as "credit card laundering", is a violation of the merchant agreement with any bank or credit card company, and is strictly prohibited. Fundraise.com may report any such abuses to the appropriate authorities. This restriction does not preclude the authorized credit card holder from using computer terminals or kiosks with access to Fundraise.com for the purposes of making a donation.

11. Ownership

1.50.

Proprietary Rights. Fundraise shall be the sole and exclusive owner of the Service, all materials in respect of the Service supplied to User, all new versions, improvements, enhancements, additions and modifications to the Service or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Service and such materials, and all tangible media on which the Service and such materials are maintained. User shall have no claim or right whatsoever in respect of the Service except for the limited license to use the Service granted herein and the return of User data on the Service as provided herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Service, any materials in respect of the Service, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If User undertakes any such prohibited action, your license shall be automatically terminated.

12. Materials Posted by User

1.51.

Fundraise does not claim ownership of the materials you provide to Fundraise (including feedback and suggestions) or post, upload, input or submit to Fundraise Site or Service (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fundraise, and necessary sub licensees permission to use your Submission in connection with the operation of Fundraise 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.

1.52.

No compensation will be paid with respect to the use of your Submission, as provided herein. Fundraise is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fundraise’s sole discretion.

1.53.

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.

1.54.

Fundraise reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. Fundraise reserves the right to terminate your access to any or the entire Site at any time without notice for any reason whatsoever.

1.55.

Fundraise 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, at Fundraise's sole discretion.

1.56.

Materials uploaded to the 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.

13. Claims of Copyright Infringement

1.57.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Fundraise’s designated agent, as follows:

Service Provider: Fundraise

Designated Agent: Chief Operating Officer

Full Address: 205 Portland Street, Suite 500, Boston, MA 02114 USA

Telephone: +1 (617) 275-7997

Email Address: info@fundraise.com 

1.58.

To be effective, the notification must be a written communication that includes the following:

1.58.1.

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

1.58.2.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

1.58.3.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

1.58.4.

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

1.58.5.

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

1.58.6.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1.59.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1.59.1.

Your physical or electronic signature;

1.59.2.

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

1.59.3.

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

1.59.4.

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Network for Good may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

14. No unlawful oR prohibited use

1.60.

As a condition of your use of our Site, you warrant to Fundraise that you will not use our Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

1.61.

You may not use our Site in any manner, which could damage, disable, overburden, or impair our Site or interfere with any other party's use and enjoyment of our Site.

1.62.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Site.

15. Rules of Conduct

1.63.

The views, ideas or expressions posted by Users are not necessarily those of Fundraise. In order to maintain an informative and valuable service that meets the needs of the Users and avoids harm to others, it is necessary to establish Rules of Conduct. By way of example, and not as a limitation, User acknowledges and agrees that when using our Site, you will not:

1.63.1.

Use the Site or Service in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

1.63.2.

Publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Services.

1.63.3.

Publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information.

1.63.4.

Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

1.63.5.

Download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.

1.63.6.

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.

1.63.7.

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.

1.63.8.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. User 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. User agrees to indemnify and hold harmless Fundraise from any and all damages suffered by third parties as a result of the User's violation of this term.

1.63.9.

Upload files that contain viruses, worms, time bombs, cancel-bots, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

1.63.10.

Interfere with other users' use of the Fundraise Web site, including, without limitation, disrupting the normal flow or use of the service.

1.63.11.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

1.63.12.

Restrict or inhibit any other authorized user from using and enjoying the Site and Services.

1.63.13.

Create a false identity for the purpose of misleading others.

1.63.14.

Violate any applicable laws or regulations.

1.64.

It is not the intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, Fundraise reserves the right to take such action as it deems appropriate in cases where our Site or Service is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

16. Representations and Warranties.

1.65.

User represents and warrants that (a) if an individual, User is at least 18 years old, (b) User is capable of and has full power and authority to enter into the Agreement and this Agreement will constitute the valid and binding obligations of User, (c) User will comply with all applicable laws, regulations and ordinances in connection with User's use of the Service.

17. DISCLAIMERS

1.66.

FUNDRAISE ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE FUNDRAISE SITE OR ANY OTHER INTERNET SITE LINKED TO IT IN ANY WAY. FUNDRAISE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE FUNDRAISE SITE OR THE INTERNET.

1.67.

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO/FROM THE SITE OR OTHERWISE ACCESSED BY YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, FUNDRAISE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE FUNDRAISE 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).

1.68.

User understands that, except for information, products, or services clearly identified as being supplied by FUNDRAISE, FUNDRAISE 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 FUNDRAISE site through "hyperlink", in any way.

1.69.

WITHOUT LIMITING THE FOREGOING, FUNDRAISE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE FUNDRAISE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREON; (II) THAT THE FUNDRAISE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FUNDRAISE SITE; OR (IV) THAT THE FUNDRAISE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF FUNDRAISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDRAISE MAKES NO REPRESENTATION AS TO WHETHER ALL OR ANY PORTION DONATIONS MADE ONLINE AT FUNDRAISE ARE TAX DEDUCTIBLE. FUNDRAISE MAKES NO REPRESENTATION OR WARRANTY, NOR SHALL FUNDRAISE BEAR ANY RESPONSIBILITY OR LIABILITY CONCERNING THE FEDERAL, STATE OR LOCAL TAX CONSEQUENCES ARISING FROM USERS USE OF THE WEB SITE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

1.70.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

18. LIMITATION OF LIABILITY

1.71.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY 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 THE FUNDRAISE SITE, WITH THE DELAY OR INABILITY TO USE THE FUNDRAISE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FUNDRAISE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FUNDRAISE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDRAISE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

1.72.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

1.73.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FUNDRAISE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUNDRAISE SITE. 

1.74.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. INDEMNIFICATION

1.75.

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site, Services, and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

20. GENERAL PROVISIONS

1.76.

vThese Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regards to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the District of Columbia. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

1.77.

Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

1.78.

We may suspend or terminate your account and your ability to use the Services, the Site, or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

21. Copyright and trademark notices

1.79.

All contents of Fundraise.com Service are: Copyright 2014 by Fundraise.com, Inc. and/or its suppliers. All rights reserved. The names of actual companies and products mentioned therein 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.