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NETWORK OF GIVING

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS BEFORE

AGREEING TO USE THE SERVICES OFFERED

Network of Giving offers a way for individuals to electronically make donations to charitable organizations of their choice and organizations to accept donations from donors electronically. Each user of the services is charged with complying in all respects with these Terms and Conditions and all laws, rules and regulations dealing with spam and junk mail and the internet. Failure to comply with such Terms and Conditions or such laws, rules and regulations is an unauthorized use of the services and grounds for immediate termination.

By clicking in the box "I ACCEPT THESE TERMS AND CONDITIONS" on the bottom of the registration form or using our services, you have agreed to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not register for the services or click on this box.

We may modify these Terms and Conditions or any aspects of the services we offer from time to time by posting the same on this website or otherwise notifying you. As such, you should periodically review these Terms and Conditions for changes. Your continued use of the services will be deemed your acceptance of any changes. All changes shall be effective five (5) days after posting of the revised Terms and Conditions on this website.

  1. Services.
    1. By registering for services, you are entering into a legally binding contract to accept the services on these Terms and Conditions. These Terms and Conditions include our Privacy Policy, which you agree to abide by as well. Any changes or modifications to such policies will be posted to this website.
    2. You must be 18 years or older to register and use the services.
    3. You must complete the registration form in full to use the services. By completing the registration form and submitting the same, you represent and warrant to us that all information provided is current, true, compete and accurate in all material respects.
    4. We do not warrant or guarantee the results of the services or that the services will be uninterrupted or error free.
    5. You agree to indemnify and hold harmless Network of Giving for any claim, loss, liability, cost or expense (including attorney's fees) incurred by Network of Giving that directly or indirectly result from a violation of these Terms and Conditions, applicable law, rule or regulation.
    6. Information on our website about a particular organization is accurate and correct to our actual knowledge. Please note that Network of Giving cannot guarantee the accuracy of any information about a particular organization and you should conduct your own due diligence prior to making any donation. Additionally, Network of Giving is not responsible for enforcing or policing any restrictions donors place on the use of their donations. Each donor is responsible for the same.
    7. Network of Giving requires organizations that participate on this site to verify their status as charitable organizations. However, Network of Giving does not represent that such verification is reliable and you should confirm the tax-exempt status of the organization before making a donation. Note that an organization's tax-exempt status can change and we recommend that you take appropriate steps to verify status prior to each donation.
    8. Network of Giving will debit donor's accounts on the day(s) indicated by the donor. These funds will then be routed to the designated organization(s) and credited to their accounts electronically.
  2. Fees.
    1. Fees for our services are as follows:
      Donors
      • For bank account donations: 3% of the amount of each donation + $0.35 transaction fee
      • For credit card donations: 5.5% of the amount of each donation + $0.25 transaction fee
      • $10.00 for insufficient funds/closed account
      Organizations
      • $250 account set up
      • $0.35 transaction fee for each credit to account

      An organization making a donation to another organization is a "donor" for purposes of such transaction and the charges outlined above for donors applies to such transaction.

    2. Miscellaneous. Services may be disabled at anytime if payment is not received. All prices are in US dollars. The fees are exclusive of all sales, use, transfer and other taxes and duties imposed with respect to the services by any federal, state, local or other governmental authority. You will be responsible for all such taxes except for income due by Network of Giving.
  3. Your Use Of The Network of Giving Website. We reserve the right to revoke your access at any time if you violate these Terms and Conditions. If it is determined or suspected by Network of Giving in its sole discretion that you are misusing or attempting to misuse or circumvent the Network of Giving website or services, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Network of Giving reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

    TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF PRIVACY RIGHTS OF OTHERS TO NETWORK OF GIVING AND ITS PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST. THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST FOR PROJECT ASSISTANCE, OR RESPONSE TO UNDERTAKE A PROJECT, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO NETWORK OF GIVING AND EACH NETWORK OF GIVING CUSTOMER WHO ACCEPTS SUCH PROJECT REQUEST OR RESPONSE FOR THEIR ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

  4. Links To Third Party Sites. The links in the Network of Giving website will let you leave Network of Giving's website. The linked sites are not under the control of Network of Giving and Network of Giving is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Network of Giving is not responsible for webcasting or any other form of transmission received from any linked site. Network of Giving is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Network of Giving of the site.

    DISCLAIMER: NETWORK OF GIVING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

  5. Lawful Use. You may not use Network of Giving services and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of Network of Giving or any third party.
  6. Inappropriate Material. Network of Giving customers may not host or handle material that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.
  7. Intellectual Property Rights. You may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner. You may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.
  8. Interference With Service. There shall be no attempt to gain unauthorized access to Network of Giving systems or accounts, disrupt service or network connectivity, misuse Network of Giving facilities, or create fraudulent accounts or do any other unlawful act.
  9. Viruses. In the event that any virus or destructive element is found or furnished with any content, you will use their best efforts upon learning that such situation exists; to immediately eliminate the virus or destructive element. You are required to notify Network of Giving as to the existence of any such virus or destructive element immediately upon discovery thereof, and Network of Giving will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.
  10. Criminal Prosecution. There are numerous federal, state and international laws regulating the use of the Internet. Network of Giving will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of Network of Giving services or systems.
  11. General Provisions. You acknowledge and agree that the Network of Giving services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Network of Giving's sole obligation to you or any third party for any claim arising out of your use of the Network of Giving services or the Network of Giving website, is that you are free to discontinue your use of the Network of Giving services or the Network of Giving website at any time.

    NETWORK OF GIVING EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF NETWORK OF GIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    Your sole and exclusive remedy for any breach, failure or nonperformance of the services of Network of Giving shall be for Network of Giving, at its option, to (i) use commercially reasonable efforts to correct the failure, breach or nonperformance or (ii) refund to you all fees paid for the services during the past six (6) months.

    You agree to indemnify Network of Giving, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Network of Giving services or connection to the Network of Giving website or your violation of the terms and conditions, or arising from your violation of any rights of a third party. The terms and conditions will inure to the benefit of Network of Giving's successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Network of Giving to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. 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 Network of Giving services or the terms and conditions 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 and conditions are for convenience only and have no legal or contractual effect. These terms and conditions is governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising under these terms and conditions will be brought solely in a state or federal court located in the County of Montgomery, Virginia.

Revised March 2011

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