Terms and Conditions
UniversalGiving ("UniversalGiving," "we,"
or "us") provides the UniversalGiving site at URL:
http://www.UniversalGiving.org/ and through various other URLs in connection
with our partner companies and organizations ("the Site")
and the services offered on it, including but not limited to the UniversalGiving
website service (collectively, the "Services")
to all of our users and visitors to the Site ("you")
under the following terms of service and use (the "Terms").
Please read the Terms carefully. You understand and agree that the Services
are provided to you exclusively under these Terms. By using the
Services, you are stating that you have read and understand the Terms and
that you agree to be bound by them. We reserve the right to terminate
your use or access to the Services at any time for any reason, including,
without limitation, if we learn that you have provided false or misleading
information or have violated the Terms.
You agree not to use the Services to: (a) violate any local, state, national
or international law; (b) stalk, harass or harm another individual; (c)
collect or store personal data about other users; (d) impersonate any person
or entity, or otherwise misrepresent your affiliation with a person or entity;
or (e) interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of
the Services, use of the Services or access to the Services. Without our
written consent, you may not (a) allow, enable, or otherwise support the
transmission of mass unsolicited, commercial advertising or solicitations
via e-mail (spam); (b) use any high volume, automated, or electronic means
to access the Services (including without limitation robots, spiders or
scripts); or (c) frame the Site, place pop-up windows over its pages, or
otherwise affect the display of its pages. All information that you provide
to us will be true, accurate and current.
We may change the Terms from time to time. These changes will be posted
on the website. If you object to any such changes, your sole recourse shall
be to cease using the Services. Continued use of the Services following
notice of any such changes shall indicate your acknowledgement of such changes
and agreement to be bound by the revised Terms, inclusive of such changes.
In addition, certain areas of the Services may be subject to additional
terms of use. By using such areas, or any part thereof, you agree to be
bound by the additional terms of use applicable to such areas. In the event
that any of the additional terms of use governing such area conflict with
these Terms, these Terms shall control.
We reserve the right to modify or discontinue the Services with or without
notice to you. We shall not be liable to you or any third party should we
exercise our right to modify or discontinue the Services. If you object
to any such changes, your sole recourse shall be to cease using the Services.
Continued use of the Services following notice of any such changes shall
indicate your acknowledgement of such changes and satisfaction with the
Services as so modified.
As part of the registration process, you will be asked to provide certain
personal information to us. All uses of your personal information will be
treated in accordance with our Privacy Policy. If you use the Site and/or
the Services, you are accepting the terms and conditions of our Privacy
Policy. If you do not agree to have your information used in any of the
ways described in the Privacy Policy, you must discontinue use of the Site
and/or the Services.
We are a distributor and publisher of content supplied by users of the Services
and by other third parties. Accordingly, we have no editorial control over
such content. Any services, offers, or other information or content expressed
or made available by third parties, including information provided by other
users of the Services, are those of the respective author(s) or distributor(s)
of that information and not of us. We neither endorse nor are responsible
for the accuracy or reliability of any opinion, advice, information, or
statement made on the Services by anyone other than authorized UniversalGiving
employees or UniversalGiving spokespersons while acting in their official capacities.
We have the right, but not the obligation, to monitor and review the content
on the Services and your account to determine compliance with these Terms
and any other operating rules established by us, to satisfy any law, regulation
or authorized government request, or for other purposes. You understand
and acknowledge that we do not monitor content for accuracy or reliability.
You are solely responsible for content you provide to us to be published
on our Site through our data entry forms ("Your Content"),
and we act as a passive conduit for the distribution and publication of
Your Content. However, we reserve the right to remove Your Content if we
believe Your Content may create liability for us. You represent and warrant
that Your Content (a) does not infringe on any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (b) does not violate any law, statute, ordinance or
regulation, including without limitation the laws and regulations governing
export control; (c) is not defamatory or trade libelous; (d) is not pornographic
or obscene; (e) does not violate any laws regarding unfair competition,
anti-discrimination or false advertising; and (f) does not contain viruses,
trojan horses, worms, time bombs, cancelbots or other similar harmful or
deleterious programming routines. You acknowledge and agree that Third Parties
(as defined below) are third-party beneficiaries of these representations
and warranties, and that they shall apply to them with the same force and
effect as they apply to us. You hereby grant to us a worldwide, perpetual,
irrevocable, royalty-free right, sublicensable through multiple tiers of
sublicensees, to exercise all copyright rights with respect to Your Content
in any media now known or not currently known. The foregoing does not apply
to content contained on hyperlinked pages or any other content you do not
submit to us.
Your correspondence, activity or ensuing relationship with individuals,
organizations and third parties found on or through the Services, including
posting or acceptance of donation and donation-related and volunteer and
volunteer-related organizations, projects, site visits, opportunities, other
related vehicles, activities and communications and any other terms or conditions
associated with such dealings, are solely between you and such parties.
YOU AGREE THAT UNIVERSAL GIVING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS
OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS
THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES.
Our provision of a link to any other site or location is for your convenience
and does not signify our endorsement of such other site or location or its
contents. We have no control over, do not review, and cannot be responsible
for, these outside Web sites or their content. WE WILL NOT BE LIABLE FOR
ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET
LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree that we, in our sole discretion, may terminate your use of the
Services without prior notice, and remove and discard Your Content from
the Site, for any reason and without prior notice, including, without limitation,
if we believe that you have violated or acted inconsistently with the letter
or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO
YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.
You may discontinue your participation in and access to the Services at
any time.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNIVERSAL GIVING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO THE SERVICES. UNIVERSAL GIVING MAKES NO WARRANTY THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES UNIVERSAL GIVING MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT
DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
UNIVERSAL GIVING MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS
ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO
BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIVERSAL GIVING
OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT WILL UNIVERSAL GIVING OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW
OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF
OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE SITE. The aggregate liability of UniversalGiving to you for all
claims arising from or related to the Site or the Services is limited to
one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply
to you. To the extent that we may not, as a matter of applicable law, disclaim
any implied warranty or limit its liabilities, the scope and duration of
such warranty and the extent of our liability shall be the minimum permitted
under such applicable law.
You agree to indemnify, defend and hold harmless UniversalGiving, its parents,
subsidiaries, affiliates, officers, directors, co-branders and other partners
(including third-party partners to whom UniversalGiving may provide Your Content
(“Third Parties”)), employees, consultants
and agents, from and against any and all third-party claims, liabilities,
damages, losses, costs, expenses, fees (including reasonable attorneys'
fees and court costs) that such parties may incur as a result of or arising
from (1) Your Content and any information you (or anyone accessing the Services
using your password) submit, post or transmit through the Services, (2)
your (or access to the Services as your) use of the Services, (3) your (or
access to the Services as your) violation of these Terms, (4) your (or anyone
using your account's) violation of any rights of any other person or entity
or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other
similar harmful or deleterious programming routines input by you into the
Services.
Certain of the names, logos, and other materials displayed in the Services
constitute trademarks, tradenames, service marks or logos ("Marks")
of us or other entities. You are not authorized to use any such Marks. Ownership
of all such Marks and the goodwill associated therewith remains with us
or those other entities.
The content of the Services ("Our Content”),
including without limitation, text, databases, software, code, music, sound,
photos, and graphics, is (1) copyrighted by UniversalGiving and/or its licensors
under United States and international copyright laws, (2) subject to other
intellectual property and proprietary rights and laws, and (3) owned by
UniversalGiving or its licensors. Our Content may not be copied, modified,
reproduced, republished, posted, transmitted, sold, offered for sale, or
redistributed in any way without our prior written permission and the prior
written permission of our applicable licensors, with the sole exception
that one copy may be downloaded onto a single computer for (a) your personal,
noncommercial use if you are a volunteer or (b) your archival purposes,
if you are a nonprofit or public service organization. You must abide by
all copyright notices, information, or restrictions contained in or attached
to any of Our Content.
The Terms constitute the entire and exclusive and final statement of the
agreement between you and us with respect to the subject matter hereof,
and govern your use of the Services, superseding any prior agreements or
negotiations between you and us with respect to the subject matter hereof.
The Terms and the relationship between you and UniversalGiving shall be governed
by the laws of the State of California, without giving effect to any choice
of laws principles that would require the application of the laws of a different
country or state. Any legal action, suit or proceeding arising out of or
relating to the Terms, or your use of, the Services must be instituted exclusively
in the federal or state courts located in San Francisco County, California
and in no other jurisdiction. You further consent to personal jurisdiction
and venue in, and agree to service of process issued or authorized by, any
such court. Our failure to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and that the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms are for convenience
only and have no legal or contractual effect.
The terms of Sections 5 through 17 as well as any other limitations on liability
explicitly set forth herein shall survive the expiration or earlier termination
of the Terms for any reason. Our (and our licensors') proprietary rights
(including any and all intellectual property rights) in and to Our Content
and the Services shall survive the expiration or earlier termination of
the Terms for any reason.
Please report any violations of the Terms to info@UniversalGiving.org.
Accuracy Disclaimer
UniversalGiving does not warrant or guarantee the accuracy, quality, completeness,
currency, or validity of any information on its Web site or linked from
the site. All information contained on this Web site has been obtained from
sources believed by UniversalGiving to be accurate and reliable. Due to the
possibility of human and mechanical error, neither UniversalGiving nor any
of the contributors to this site is responsible for any errors or omissions.
All information is provided "as is" without warranty of any kind.
Neither UniversalGiving nor the contributors to the site make any representations
as to the accuracy or integrity of the information. They disclaim all express,
implied, and statutory warranties of any kind, including warranties as to
accuracy, timeliness, completeness, merchantability, or fitness for any
particular purpose. Neither UniversalGiving nor its contributors will be liable
for any damages of any kind incurred as a result of the information posted
on this site.
Disclaimer Regarding Financial and Legal Advice
The information on this site, including but not limited to reports, newsletters,
articles, and opinions, is provided for educational and informational purposes
only. It is not intended to provide legal, accounting, or tax advice and
should not be relied on in that respect. We suggest that you hire an attorney,
accountant, and/or financial advisor to answer any financial or legal questions.
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