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.
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.
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.
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.
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