Welcome to
epartnersingiving.com. These Terms and Conditions govern Your use of this web
site and the various online services provided by e-Partners in Giving, LLC.
Please carefully review these Terms and Conditions before using the e-Partners
in Giving web site ("the Site"). Use of the Site and all its tools and
functions is governed by these Terms and Conditions, and apply to
donors, non-profits, registrants and all other users (collectively called
"Users") of the e-Partners in Giving Site. If for any reason You do not agree
to be bound by these Terms and Conditions, please leave the Site immediately.
1. TERMS AND
CONDITIONS
By viewing,
using, accessing, browsing, or submitting any content or material on or to the
Site, You agree to these Terms and Conditions as a binding legal agreement
between You and e-Partners in Giving, LLC, without limitation or qualification.
If You do not
agree to these Terms and Conditions, then You may not use the Site. e-Partners
in Giving, LLC, reserves the right to modify these Terms and Conditions at any
time without prior notice. You agree that each visit You make to the Site shall
be subject to the then-current Terms and Conditions, and continued use of the
Site now or following modifications in these Terms and Conditions confirms that
you have read, accepted, and agreed to be bound by such modifications.
e-Partners in
Giving, LLC, grants You permission (which may be revoked at any time for any
reason or no reason) to view the Site and to download, email, or print individual
pages of this Site in accordance with these Terms and Conditions and solely for
Your own personal, non-commercial use, provided You do not remove any
trademark, copyright or other notice contained on such pages. No other use is
permitted.
(a) The
Users: By
using the Site, You (i) are bound by the terms and conditions set forth herein,
(ii) agree to comply with the e-Partners in Giving Privacy Policy; (iii) agree
to comply with any technical specifications, rules of operation or security
procedures set forth by e-Partners in Giving from time to time on the Site;
(iv) agree to authorize e-Partners in Giving to serve as Your agent and on Your
behalf, regarding donation services and personal page ("Donation Page")
maintenance and regulation.
(b)
e-Partners in Giving: If You are a User, e-Partners in Giving will (i) be paid and
process Your online donations made through the Site; (ii) hold the funds
received through online donations in a non-operating bank account; (iii) remit
funds to the designated non-profit by check or electronically, and (iv)
send a donation acknowledgement and a transaction receipt to Users.
(c)
Non-Profits: e-Partners
in Giving will generate reports identifying, where available, the name, email
and transaction accounting details of the individuals or entities who have made
online donations to the designated organization along with a check for the
amount of collected online donations. The first time e-Partners in Giving
submits a designated donation to the non-profit, it will be sent via United
States Postal Service, along with a letter of introduction, a check for the
amount donated, and the before-mentioned report of donors.
(d)
e-Partners in Giving Donation Pages (User Accounts): e-Partners in Giving makes
this feature available for use by the general public, non-profit users, or
corporate entities subject to these Terms and Conditions. When You use this
feature for any purpose, You will be asked for Your name, address, email
address, and other information to identify yourself or your organization and
You will be given the option to create an e-Partners in Giving Donation Page.
In order to access and use the service aside from making a donation, You must
complete the account creation process. Access to secure areas is restricted to
Users who have created an account or subscription. Any attempt to access
restricted areas without authorization is prohibited. When You create an
account with e-Partners in Giving, you will need to choose a password to access
the e-Partners in Giving services. You are responsible for maintaining the
confidentiality of Your password. Keep Your password in a secure place and do
not allow any unauthorized persons access to Your password. If You become aware
of any unauthorized use of Your password or other security breach, notify
e-Partners in Giving immediately. If a Donation Page was created on a Users
behalf based on a partnership with a third-party, the User will complete the
creation process the first time the site is accessed.
2. DONATIONS
If You are a
Donor or an individual/corporate entity requesting a donation
You are solely responsible for ensuring that You have selected the correct
organization to donate to or fundraise for. All donations to non-profits will
be made as unrestricted gifts unless specified for a particular purpose. The
amount of donations to the non-profit designated by You are charged on your
credit card and paid to, and processed by, e-Partners in Giving. All donations
are final and non-refundable. The donations will be held in a non-operating
bank account until such time as e-Partners in Giving forwards the donations to
the non-profit. Users agree not to use an invalid or unauthorized credit card
in making transactions on the e-Partners in Giving Site. Once a donation is
made, the transaction is final and not subject to dispute unless unauthorized
use of the User's payment card is proved. If You become aware of fraudulent use
of Your card, or if it is lost or stolen, You must notify Your card provider in
accordance with its reporting rules.
3.
PROCESSING FEES
Donors will pay
requested online donations by credit card or debit card to e-Partners in
Giving. The fees added to the online donations will be paid to e-Partners in
Giving at the time of the transaction. The Convenience Fee ($4.15) and the
Transaction Fee (4.04%) will be added to their donation upon checkout. Payment
to the designated non-profit organization will be made (a) one week following
the date of the designated event; (b) once a week for the four weeks following
the designated event, and (c) monthly after those four weeks. Donors will
receive an electronic acknowledgement once their donation is sent to the
designated non-profit. These payment schedules are subject to change at any
time at the sole discretion of e-Partners in Giving. Non-profit users will be
responsible for taxes based on its net income or gross receipts.
4. DONATION
PAGES (USER ACCOUNTS/INFORMATION)
(a)
Information. You
agree that You are the sole owner and creator of all content on Your Donation
Page the text, photographs, pictures, likenesses, digital materials,
image files, and any other information or materials of whatever nature
submitted or posted by You on the Site. Any information, ideas, or opinions
posted by Users on the e-Partners in Giving Site do not necessarily reflect the
views of the e-Partners in Giving staff; e-Partners in Giving does not assume
responsibility for the accuracy of any information, ideas or opinions posted by
Users and are not liable for any claims, damages or losses resulting from such
information, ideas or opinions.
You acknowledge
that the User information is true, accurate and complete in all respects and
that You will NOT:
- harass,
defame, intimidate, threaten or intentionally embarrass another user;
- use vulgar, profane, abusive, hateful, or sexually explicit language,
epithets or slurs, text or illustrations in poor taste, inflammatory attacks of
a personal, sexual, racial or
- religious nature, or expressions of bigotry,
racism, discrimination or hate;
- infringe any intellectual property, privacy, or publicity rights of a third
party;
- post any material that is defamatory (i.e., disparaging to the reputation of
an individual or business);
- post any material that is obscene, offensive or indecent;
- post any material that harms or is inappropriate for minors to view;
- promote or encourage illegal acts, the violation of any right of any
individual or entity, the violation of any local, state, national or
international law, rule, guideline or regulation, or otherwise create any
liability;
- post any trademarks, logos, copyrighted material or other intellectual
property without the authorization of the owner;
- post, upload or otherwise submit any material that contains false or
misleading indications of origin or statements of fact;
- post any materials that may damage the operation of a computer (such as a
virus, worm or Trojan horse); or
- post, upload or otherwise submit any materials that constitute advertising or
solicitation of business, except in areas specifically designated for such
purpose and then only with the approval of the Site;
- post, upload or otherwise submit any materials that disclose any personal
identifying information relating to or images of a Minor without consent of a
parent, guardian or educational supervisor;
(b)
Conduct. At all times, Users must use the Site in a responsible and legal manner. You
agree that you will comply with all applicable local, state and federal laws,
statutes and regulations regarding use of the Site and e-Partners in Giving
tools and services.
You also agree:
- to comply
with US law and local laws or rules regarding online conduct and acceptable
Material, and regarding the transmission of technical data exported through the
Site or any service provided by e-Partners in Giving, LLC;
- not to host, submit content to or use the Site or its services without the
consent of a parent, guardian or educational supervisor if you are under the
age of 13;
- not to use the Site for illegal purposes;
- not to commit any acts of infringement on the Site or with respect to content
on the Site;
- not to use the Site to engage in commercial activities;
- not to attempt to gain unauthorized access to other computer systems from or
through the Site;
- not to interfere with another person's use and enjoyment of the Site or
another entity's use and enjoyment of the Site;
- not to use the Site for chain letters, junk mail, spamming, or use of
distribution lists;
- not to upload or transmit viruses or other harmful, disruptive or destructive
files;
- not to disrupt, interfere with, or otherwise harm or violate the security of
this Site, or any services, system resources, accounts, passwords, servers or
networks connected to or accessible through this Site or affiliated or linked sites
(c)
Warranties and Representations. e-Partners in Giving provides the tools, the Site, and the
services on an "As Is," "As Available" basis. (Including, but not limited to,
information, content, graphics, photos, text, and links.) Each party represents
and warrants that it shall perform its obligations in a manner that complies
with the applicable federal, state and local laws, regulations, ordinances and
codes.
Each time you
submit content to this Site, you represent and warrant that:
- You are the author,
own, or otherwise have sufficient rights to grant the licenses granted
hereunder of the Material, or
- You have
collected the Material in compliance with all applicable laws, rules, and
regulations (including any infringement or misappropriation of U.S. patent,
copyright, trademark or trade secret), or
- You have
permission from the copyright owner to post the Material on this Site, and
- the Material
will not infringe upon any intellectual property, privacy or other rights of
any third party, and
- You have the
right to grant e-Partners in Giving, LLC, the license set out in these Terms
and Conditions; and
- the Material
You submit does not violate these Terms and Conditions.
DISCLAIMER:
THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE,
AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law,
e-Partners in Giving disclaims any and all such other warranties.
(d)
Cancellation. You
may cancel or terminate your Donation Page and/or use of any service provided
on or through this Site, with or without cause at any time. Upon termination,
Your right to use Your account or service immediately ceases. To
re-activate a terminated Donation Page, You must contact e-Partners in Giving
via e-mail and provide written documentation for such a request.
e-Partners in
Giving has the discretion, and at any time and with or without prior notice to
You, may suspend, cancel, transfer, or terminate Your password, account, any
site within an account and/or use of any services provided on or through this
Site for any reason whatsoever (including and without limitation, due to lack
of use, commercial use, cybersquatting, e-Partners in Giving resolution of any
dispute among multiple persons claiming the right to use the same or similar
accounts or services, or e-Partners in Giving's beliefs and/or values. In the
event of a dispute or conflict among, or complaint from, users of the Site
about another's right to establish, use, or maintain an account or service on
the Site, e-Partners in Giving reserves the sole right to determine whether or
how to resolve such dispute, conflict or complaint, with or without factual or
other investigation.
Upon
expiration, or cancellation or termination by either party, of Your account,
Your password, and/or use of any service provided on or through this Site, You
will have no right to any Material or Information You submitted, and e-Partners
in Giving may temporarily or permanently block access to, remove, deactivate,
delete, and discard all such Material or Information contained therein.
e-Partners in Giving, LLC, accepts no liability for removed or deleted Material
or Information. You agree that e-Partners in Giving, LLC, shall not be liable
to you or any third-party for any termination of your access to any service.
5.
LIABILITY LIMITATIONS IMPORTANT PLEASE READ
(a) IN NO
EVENT SHALL E-PARTNERS IN GIVING, LLC, ITS SUBSIDIARIES, AND ITS AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS,
REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU
FOR ANY OF THE FOLLOWING:
- DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF E-PARTNERS IN GIVING, LLC, HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION
UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF
OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES
PROVIDED ON, THIS SITE.
- DAMAGES
TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL
FROM THIS SITE.
- ANY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT,
PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS
ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR
ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY,
PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN.
(b)
e-Partners in Giving shall not be liable for:
- damages
caused by Your failure to perform Your responsibilities; or
- claims or
demands of third parties, or
- any lost
or corrupted data, any lost profits, loss of business, loss of use, lost savings
or other consequential, special, incidental, indirect, exemplary or punitive
damages, even if e-Partners in Giving has been advised of the possibility of
such damages.
(c)
e-Partners in Giving makes no representation as to whether all or any portion of
the designated donations are tax deductible. e-Partners in Giving will have no
liability for any claim by any federal or state tax authority with respect to
the characterization by You or any User on each of the applicable federal and
state tax returns.
(d)
e-Partners in Giving, LLC, does not screen and is not otherwise obligated to
screen Material posted to a Donation Page. e-Partners in Giving, LLC, reserves
the right, however, to remove any Material posted to a Donation Page if said
Material does not otherwise comply with these Terms and Conditions.
6.
PROPRIETARY RIGHTS OF THE COMPANY
(a)
e-Partners in Giving Material. e-Partners in Giving and its licensors shall retain all
Intellectual Property Rights in the software, tools, designs, documentation, data
and any other material developed or provided by e-Partners in Giving .
(b)
Trademarks. The
names e-Partners in Giving, LLC, epartnersingiving.com, prospectuses, the
e-Partners in Giving logo, the payyourrespects.com logo and any other product
and service names that we may present on the Site from time to time may not be
used in connection with any product or service that is not associated with
e-Partners in Giving, nor in any manner that is likely to cause confusion, or
in any way that may disparage or discredit e-Partners in Giving.
(c)
Copyright. All content on the Site is owned by e-Partners in Giving, the non-profits
registered with e-Partners in Giving, or other original providers, and is
protected by applicable intellectual property and proprietary rights and laws.
You may copy such content for your own personal, non-commercial use provided
you do not alter it or remove any copyright, trademark, or other proprietary
notice. No other use of the Services' content is permitted without the express
prior permission of e-Partners in Giving, and, where applicable, the copyright
holder.
7.
INDEMNIFICATION IMPORTANT PLEASE READ
Your
Indemnity. You agree to indemnify, defend and hold e-Partners in Giving and its
affiliates and subsidiaries, and their respective directors, officers,
employees, shareholders, partners and agents, harmless from and against any and
all claims, liability, losses, costs and expenses (whether direct, indirect, or
consequential, including reasonable attorneys' fees), made by anyone in
connection with Your use of this Site, with Material or Information You submit
on or through this Site, with any alleged infringement of intellectual property
or other right of any person or entity relating to the Site, your violation of
these Terms and Conditions, and any other acts or omissions relating to this
Site.
This indemnity
extends to claims made against you that are a result of the negligence of
e-Partners in Giving and its affiliates and subsidiaries, and their respective
directors, officers, employees, shareholders, partners and agents and where
enforceable this indemnity extends to those claims brought against you that
result from the gross negligence of e-Partners in Giving and its affiliates and
subsidiaries, and their respective directors, officers, employees,
shareholders, partners and agents.
8.
Merger and Integration
This
Agreement and the exhibits attached hereto contain the entire agreement of the
parties with respect to the subject matter of this Agreement, and supersede all
prior negotiations, agreements and understandings with respect thereto.
9. Choice of
Law and Choice of Forum
This agreement
shall be interpreted under the laws of the State of Texas. Any litigation under
this agreement shall be resolved in the trial courts of Tarrant County, State
of Texas.
10.
Arbitration
All disputes,
controversies, or claims arising out of or relating to this contract shall be
submitted binding arbitration in accordance with the applicable rules of the
American Arbitration Association then in effect with the following caveats:
All
expenses of the arbitration shall be taxed against the parties equally.
If the amount
in controversy is $50,000 or less the arbitration shall be conducted by one
arbitrator.
If the amount
in controversy is more then $50,000 the arbitration shall be conducted by three
arbitrators.
Should
discovery be necessary, the parties shall request that the arbitrator(s) create
a discovery plan setting limits as to the amount of discovery and a discovery
period. This plan shall be followed by the parties.
Unless extended
by the arbitrator for good cause shown, arbitration hearings shall begin no
later than 4 months after the selection of the arbitrator 5 days shall be
allotted to the arbitration hearings, and the arbitrator shall determine how
much of the hearing time shall be allocated to the direct and cross examination
of witnesses. The arbitrator shall allocate time equally amongst the parties.
The arbitration
shall be conducted under the Texas Rules of Evidence.
Any decision
reached by the arbitrators must be in full written format.
A decision of
the arbitrator(s) shall be final and binding
The
Arbitrator(s) shall follow Texas law in arriving at their decision
Any arbitration
conducted under this agreement shall be conducted in Dallas, Texas
11. Statute
of Limitations
The parties
agree that any action in relation to an alleged breach of this Agreement shall
be commenced within one year of the date of the breach, without regard to the
date the breach is discovered. Any action not brought within that one year time
period shall be barred, without regard to any other limitations period set
forth by law or statute.
12.
Severability Savings
If any
provision of this Contract is held unenforceable, then such provision will be
modified to reflect the parties' intention. All remaining provisions of this
Contract shall remain in full force and effect.
13.
Non-Waiver
The
failure by one party to require performance of any provision shall not affect
that party's right to require performance at any time thereafter, nor shall a
waiver of any breach or default of this Contract constitute a waiver of any
subsequent breach or default or a waiver of the provision itself.
