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Giving Society, Inc. - Terms of Use

1. Welcome

Education Giving is owned and operated by Giving Society, Inc. (“Giving Society”), a 501(c)3 organization recognized by the United States IRS to provide issue-specific donation platforms and tax-deductable benefits to our donors. The Giving Society makes the interactive online service, located at www.educationgiving.org (“Website”) available to its End Users in accordance with the terms and conditions of this End User agreement (the "Agreement"). When you use this Website, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of this Website.

2. Acknowledgement and Acceptance of Agreement:

2.1 All End Users are directed to review this Agreement carefully. By accessing, browsing or using this Site, each End User acknowledges that such End User has read, understood, and agrees to be bound by this Agreement. End Users who do not accept the terms and conditions of this Agreement, are not authorized to use this Site.

2.2 The right to use the Site is personal to End User and is not transferable to any other person or entity. End Users may have the option of registering for access to certain password-protected services on the Site. Each End User shall be responsible for protecting the confidentiality of such End User's user name and password(s). End User shall not be permitted to share its user name and/or passwords and shall be fully responsible for all activities occurring through the use of such user name and/or password.

3. Changes:

3.1 Giving Society, Inc. shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use of the Site.

3.2 Giving Society, Inc. shall have the right at any time to change or modify the terms and conditions applicable to End User's use of the Site (including, without limitation, the terms of this Agreement), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.

4. Intellectual Property:

4.1 Any trademarks appearing on the Website (collectively, the "Trademarks") are the property of The Giving Society, or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the applicable trademark holder specific for each such use. The Trademarks may not be used to disparage The Giving Society, the applicable third-party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Trademarks. All goodwill generated from the use of any The Giving Society Trademark inures to its benefit.

4.2 The Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site may be copyrighted as a collective work under the United States copyright laws. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of The Giving Society and/or a copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Elements of the Site may be protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

5. Your Liability:

5.1 If you cause a technical disruption of the Website or the systems transmitting the Website to you or others you agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees) arising from that disruption.

6. Security:

6.1 We maintain physical, electronic, and managerial procedures designed to comply with federal guidance to safeguard and help prevent unauthorized access to, maintain data security of and correctly use the personal information collected through our Website. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from our Website may not be secure. When your personal information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do. Please keep these disclaimers in mind when disclosing any personal information via our Website.

7. Discussions, Comments and Community Tools:

7.1 By nature of this Website, we may make commenting, blogs, chat rooms, forums, message boards, news groups and other community tools available to you. Please remember that any information, including any personal information that is disclosed in these areas becomes public information for other users to view and for us to use. For example, from time to time, we may use the content you write (including your name or screen name if you post it) for promotional purposes, in email newsletters or elsewhere, and by using our Website or these community tools, you agree that we may do so. You should exercise caution when deciding to disclose your personal information in these areas, since anyone – not just us – may use publicly posted information.

8. End User Conduct:

8.1 End User shall use the Website for non-commercial, lawful purposes only. End User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without the Giving Society's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in the Giving Society's discretion restricts or inhibits any other End User from using or enjoying the Website will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (a) distribution of unsolicited chain letters, (b) propagation of computer worms, viruses and other such malicious code, (c) using (directly or indirectly) the Website or its computer network to make unauthorized entry to any other machine accessible via the Website or its computer network and (d) using the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Website to become users of other on-line services competitive with the Website. Without limiting any other rights or remedies of the Giving Society, violations of the foregoing may result in removal of violative communications and/or early termination of the End User's access to the Website.

9. Monitoring:

9.1 The Giving Society shall have the right, but not the obligation, to monitor the content of the Website, which may include blogs, user comments, chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Giving Society and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, the Giving Society shall have the right to remove any material that the Giving Society, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

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10. Jurisdiction:

10.1 The Giving Society maintains its principal place of business in the State of Maryland in the United States of America, and this Website is operated in the United States. The laws of the State of Maryland govern these terms and conditions and your use of the Website, and you irrevocably consent to the exclusive jurisdiction of the courts located in Maryland for any action to enforce these terms and conditions. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the State of Maryland and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and you shall not use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

11. Privacy Policy

11.1 Please see the Giving Society, Inc. Privacy Policy, which is hereby incorporated by reference into this Agreement, for an explanation of the policies applicable to the information that is collected through the Site.

12. Indemnification:

12.1 End User agrees to defend, indemnify and hold harmless Giving Society, Inc., Giving Society, Inc. affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by End User (except to the extent such claims and expenses arise directly out of the gross negligence of Giving Society, Inc.)

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13. Disclaimer of Warranty; Limitation of Liability:

13.1 END USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT END USER'S SOLE RISK. NEITHER THE GIVING SOCIETY, AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "GIVING SOCIETY PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED OR MADE AVAILABLE THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

13.2 IN NO EVENT WILL THE GIVING SOCIETY PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. THE TOTAL LIABILITY OF THE GIVING SOCIETY AND THE GIVING SOCIETY PARTIES, IN AGGREGATE, FOR ANY AND ALL CLAIMS, LOSSES AND LIABILITIES ARISING OUT OF THIS AGREEMENT SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY END USER IN CONNECTION WITH END USER'S USE OF THE SITE AND RETAINED BY THE GIVING SOCIETY OR (B) ONE HUNDRED DOLLARS ($100).

13.3 FOR THE AVOIDANCE OF DOUBT, IT IS EXPRESSLY AGREED THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT THE GIVING SOCIETY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

13.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE GIVING SOCIETY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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14. Termination:

14.1 Either Giving Society, Inc. or End User may terminate this Agreement at any time. Without limiting the foregoing, Giving Society, Inc. shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Giving Society, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

15. Miscellaneous:

15.1 This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Site, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Site and any operating rules for the Site established by Giving Society, Inc.) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the state of Maryland without regard to its conflict of laws rules. This Web Site is based in Bethesda, MD. Giving Society, Inc. does not make any claims concerning whether the Site may be accessed, viewed, or used outside the United States. End User acknowledges and agrees that all use of the Site from outside the United States is done solely at the risk of End User. Whether inside or outside the United States, End User is solely responsible for ensuring compliance with the laws of End User's specific jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

Terms of Usage