Last updated: August 30, 2024
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. USING THE SERVICES MADE AVAILABLE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE.
You, a Member, have selected the Network of Giving™ services offered to you by NOG LLC (“NOG”, “we”, “our”, “us”) and its Service Providers (as that term is defined under Section 9 Disclaimer of Warranties) on our website and mobile application (collectively the "Site"). The "Network of Giving" program means the loyalty program established by NOG and its Service Providers that allows businesses participating in the Network of Giving to provide offers to Members, receive feedback from Members, and to donate a percentage of each Member transaction charged at business stores to charitable organizations designated in the Network of Giving program. Further information about the Network of Giving is available at www.networkofgiving.com.
These Terms of Service govern your use of the Site and the Network of Giving services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based services, content, software, technology, tools, updates, maintenance, help content, and new releases ("Content") (any and all of the foregoing, the "Services"). This Agreement constitutes a legal agreement between you, the Member ("you" or "your") and NOG.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.
NOG reserves the right, at its sole discretion, to change, suspend or discontinue the Services or to otherwise modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated" date at the top of this page of the Site. By continuing to access or use the Services after we have posted a modification on the Site or we have provided you with notice of a modification, you are agreeing to be bound by the modified terms of this Agreement. If the modified terms are not acceptable to you, your only recourse is to cease using the Services.
Your use of any Services accessible through this Site may also be subject to your acceptance of separate agreements with NOG and/or third-parties. This Agreement incorporates by reference applicable subscription, registration, activation, ordering, contests and pricing terms provided to you online or offline for the Services selected by you, which may be subject to change from time to time.
Subject to the terms of this Agreement, NOG grants you a personal, limited, nonexclusive, nontransferable right to access and use the Services you have selected, solely for the purpose of using the Services.
2.1 Restrictions. Except as expressly permitted in this Agreement or by applicable law, you may not, nor allow a third-party to do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third-party the Services; (ii) modify or create derivative works based on the Services or Content on this Site made available through the Services, in whole or in part; (iii) access or attempt to access any other NOG systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other users or customers, or impose an unreasonable or disproportionately large load on NOG's infrastructure; or (vi) use the Services except as expressly allowed under this Agreement. By using the Services, you warrant to NOG that you will not use the Services, including its Content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any of these terms, your permission to use the Services automatically terminates.
2.2 Intellectual Property Notices. You agree to maintain and reproduce all copyright and other proprietary notices appearing on all copies, in any form, of the Content forming part of the Services in the same form and manner that such copyright and other proprietary notices are placed on that Content. Except as expressly authorized in this Agreement you shall not make any copies or duplicates of any of the Content appearing on this Site without the prior written permission of NOG.
The Services are provided to you for your use and not sold, and NOG reserves all rights not expressly granted to you in this Agreement. The Services are protected by patent, trademark, copyright, trade secret and other intellectual property laws. NOG and its Service Providers own all right, title, copyright, and other worldwide intellectual property rights and interests in the Services, including but not limited to its technology, Content, derivatives, and modifications of the Services. NOG does not grant any license or other authorization to you to any of its trademarks or other copyrightable material or other intellectual property.
To use the Services, your enrolment information must be accurate, current and complete as prompted in the enrolment process, this includes information you provide to Connect Your Accounts (collectively the "Enrolment Data"). If you provide any Enrolment Data that is not current or complete, and do not promptly update your Enrolment Data, or NOG has reasonable grounds to suspect it is not current or complete, NOG may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion thereof. You are responsible to keep your Enrolment Data current, complete and accurate. You will be provided with an account identifying you as a user of the Services and you are responsible for your account and the maintenance, confidentiality and security of your account, all passwords that you choose to access your account, and any and all activities that occur under your account, including any activities of any person who gains access to your account with or without your permission.
NOG uses Plaid Inc. (“Plaid”) to gather your data from financial institutions for the Connect Your Account feature. By using the Service, you grant NOG and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institutions. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy.
You acknowledge that you have read the NOG Privacy Policy (as it may be updated from time to time) contained in the Services, at the Site under the heading "Privacy and Security" and you hereby consent to the collection, use and disclosure by NOG and its Service Providers of your personal information for the purposes identified in this Agreement, including the Privacy Policy. NOG will collect, use and disclose only the personal information that it requires for the purpose of providing the Service, including the use of transaction data generated by purchases you make. The information that you provide to NOG by enrolling for the Network of Giving program and using the Service will be stored on servers in the United States of America. NOG has agreements with its Service Providers to protect the confidentiality and security of that information, but that information is subject to the laws of the United States.
6.1 User Submissions. Your right to use the Services is personal to you. You are entirely responsible and liable for all information, data, text, messages or other materials which you upload, post or store using the Services, including your feedback about businesses, its services and products ("User Submissions"). By making available your User Submissions through the Services, you hereby grant to NOG and its Service Providers a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, reproduce, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Submissions only on, through or by means of the Services. NOG and its Service Providers do not claim any ownership rights in any of your User Submissions and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Submissions.
6.2 Service Information. NOG and its Service Providers may solicit feedback, recommendations, suggestions and ideas concerning the Services and the marketing of the Network of Giving program ("Service Information") from you, which NOG and its Service Providers may use to improve the Services. You agree that any Service Information that is provided by you and anything that NOG or its Service Providers implement in the Services shall be owned by NOG or its Service Providers (as the case may be) without the requirement for payment or other obligation to you. The Services, as they may be modified or improved by the Service Providers, shall be the property of NOG and its Service Providers. The Service Providers shall be third-party beneficiaries of this Agreement in regards to rights conferred by this Agreement regarding Service Information and thereby the Service Providers shall be entitled to rely upon and enforce the provisions of this Agreement relating to Service Information provided by you.
6.3 Legal Use Only. You shall not use the Services for any illegal purpose in violation of any applicable state, federal or international law. You must provide all required and appropriate warnings, information, and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (together, "Actions") in connection with your use of the Services. If the Services do not provide adequate features for you to provide such Actions, then do not use the Services. You may not post, publish, upload, reproduce, transmit or otherwise distribute information or material through the Services on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Services or this Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
6.4 Indemnity. You agree to defend, indemnify and hold NOG, its Service Providers (as defined below), each of their respective affiliates, and their respective officers, directors, employees, subsidiaries and agents, harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and disbursements) resulting from or arising out of a claim that your User Submissions infringe or misappropriate the intellectual property rights of a third-party, or a claim resulting from or arising out of your breach of this Agreement.
6.5 No Obligation to Monitor Services. You agree that NOG has the right, but not the obligation, to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Services properly, or to protect itself or its users. NOG reserves the right to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
You agree not to do any of the following:
NOG reserves the right, at any time and without prior notice, to remove or disable access to any Content, including User Submissions, that NOG, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Site or Services.
You may be made aware of or offered services, features, products, applications, or promotions provided by NOG or its partners ("Other Services"). If you decide to use Other Services, you may be subject to additional terms and conditions governing these Other Services. You acknowledge that in accessing certain Other Services through the Services you may upload certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant NOG permission to use information about your usage experience to enable us to provide the Other Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services NOG may provide to you in the future. You also grant NOG permission to combine your information, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other NOG company standards.
YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOG, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY "SERVICE PROVIDERS") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES AND RELATED MATERIALS INCLUDING ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NOG AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF ANY CONTENT IN THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. NOG AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOG AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE OR PROFITS; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NOG AND ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.1 Consent to Electronic Communications. NOG may be required by law to send "Communications" to you that pertain to the Services, the use of information you may submit to NOG, and the products you choose. Certain of the third-party services you choose may require Communications with the third-parties who administer these programs ("Third-Party Services"). You agree that NOG, on behalf of itself, and others who administer such Third-Party Services (as applicable), may send Communications to you by email, text message, and/or may make Communications available to you by posting them at one or more of our sponsored websites. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services and Third-Party Services.
11.2 Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so cover all transactions you conduct through the Services for as long as you remain a subscriber to or use the Services. If you later decide that you do not want to receive future Communications electronically, write to us at legal@networkofgiving.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services. We do not provide ISP services. You are responsible at your expense for access to the Internet and this Site and any necessary hardware and software and obtaining your own Internet service provider. You agree to notify us promptly of any change in your email address. You can do so by logging into your Network of Giving account and using the administrative features described in your account to update and verify your new email address.
Your rights under this Agreement may be terminated or suspended by NOG immediately and without notice if you fail to comply with any terms of this Agreement or you no longer consent to receive Electronic Communications in accordance with Section 11. Either party may terminate this Agreement upon providing 30 days written notice to the other party. Upon termination you must immediately cease using the Services. Any termination of this Agreement shall not affect NOG's rights hereunder. Other terms regarding termination or expiration of the Services may apply in accordance with the activation and/or ordering terms for the specific Services you have selected. If you choose to cancel your account or any part of the Services, you must do so in accordance with the activation and/or ordering terms for the specific Services you have selected.
You acknowledge that the Services are subject to export control regulations administered by the federal government and that you will comply with these regulations. You will not export or re-export the Services, directly or indirectly, in violation of these export control laws and regulations to any country or end user.
In connection with your use of the Services, you may be made aware of services, products, offers and promotions provided by third-parties who are not affiliated with NOG ("Third-Party Products"). If you decide to use any Third-Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third-Party Products. You authorize NOG to use and disclose your contact information, including name and address, for the purpose of making the Third-Party Products you choose available to you. You agree that the third-party, and not NOG, is responsible for the performance of the Third-Party Products. The Services may contain or reference links to websites operated by third-parties ("Third-Party Websites"). NOG is not responsible for the content of, nor any link contained in such Third-Party Websites. The inclusion of any Third-Party Website link in the Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by NOG of any data contained in any such Third-Party Website. You acknowledge that linked Third-Party Websites may contain terms and privacy policies that are different from those of NOG. NOG expressly disclaims any liability for use of such Third-Party Products and Websites.
From time-to-time NOG and its Service Providers may conduct sweepstakes as part of the Services and you may enter the contests by participating per the sweepstakes rules and regulations as set forth at the Site.
This Agreement is the entire agreement between you and NOG and sets forth the entire liability of NOG, its affiliates and Service Providers and your exclusive remedy with respect to the Services and Third-Party Services and their use. Any modification or waiver of the terms of this Agreement by NOG must be in writing signed by an authorized representative of NOG and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written consent of NOG, but may be assigned without your consent by NOG to (a) a parent or subsidiary, (b) a third-party purchaser pursuant to an acquisition of the assets including the Services, in whole or in part, (c) a successor by merger or amalgamation. Any assignment in violation of this Section will be void. This Agreement will be governed by the laws of the state of Delaware, without regard to its conflicts of laws principles, and applicable federal law.
