Our role. The purpose of the Services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the Services is not a solicitation of donations by iGiving, and iGiving does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that iGiving shall not be responsible for the use of your donations or the amount of funds raised for your charity, campaign, or event.
Becoming a Fundraiser.
To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19 years old) or, if you are a minor over the age of 13 (or 16 in Europe), you may only use the Services with the permission and supervision of your parent or legal guardian; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User's account without her/his permission.
To use the Services, you will be asked to create an account. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Services.
You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile. By selecting a user name and any particular URL, you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that iGiving, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit iGiving to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of iGiving. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify iGiving immediately of any unauthorized use of your password or account or any other breach of security. iGiving assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. iGiving has the right to reclaim any user names or URLs for any reason.
You agree to: (a) provide accurate information as prompted on the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or iGiving has reasonable grounds to suspect that such information is inaccurate, iGiving may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.
FundraisersAny User who creates an account and raises funds through the Services ("Fundraiser") is subject to the following additional terms of these Terms that apply specifically to Fundraisers. By raising funds through the Services, you represent and warrant that: (a) you are raising money for a 501(c)(3) non-profit organization or registered charity (a "Charity") with a cause or factivity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; and (b) all donated funds will be used solely for the purpose you have stated on the Services. You understand and agree you cannot specify or direct how a Charity may use funds raised; and (c) whereby your are raising money that will used to partially cover the costs associated with a fundraising event you are engaged with you will not mis-represent the fact that a portion of any and all donations made will be used to cover the costs of the event through which you may in-turn receive a benefit in kind and subsequently this portion of the donation may and does not count as a donation to a registered nonprofit. DonorsAny individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following Terms that apply specifically to Donors.
Donor's Risk. All Donations are at your own risk. When you make a Donation to a campaign, Event, or Charity, it is your responsibility to understand how your money will be used. iGiving does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donations. iGiving is not responsible for any rewards, promotions, Events, or any other offers or promises made by Charities or Event Organizers in exchange for Donations.
Event Costs. Many donations made to a campaign will be partially used to cover event costs and therefore are not donations made to a nonprofit. It is your responsibility to carefully examine the split of any donation you make between event costs and donation to a nonprofit and satisfy yourself first.
No Gift Restrictions. Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event Organizer. To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all Donations will be used.
Donor Commitments. By donating money through the Services, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each Donor agrees and acknowledges that: (a) all Donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (b) designated Donations and registration fees and transaction fees will be charged to the credit or debit card or other payment method you use through Bluenspa and iGiving does not collect or store your credit card information; (c) all Donations are final and non-refundable; (d) recurring monthly Donations continue until the Donor cancels such recurrence, and if the Donor chooses to cover the fees so that their Donation goes to the cause, those fees are based on the Charity's account pricing at the time of the first payment in that recurring series of payments and that the Charity’s fees may be subject to change without notice to the Donor, and (e) Event registration fees are subject to the Event Organizer's refund policy.
Tax Deductions. iGiving makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. iGiving will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any iGiving User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
Payment Processing: Marketplace ModeliGiving has partnered with Bluesnap to offer a seamless payment processing option that allows funds to be split between the Charity and the Event Organizer according to the pre-prescribed ratio. When Bluesnap processes a Donation through the Services, the Donation will go directly from the Donor to Bluesnap’s accounts and is in-turn distributed directly to the Charity and/or event organiser as detailed on your donation receipt. iGiving does not hold any funds at any stage.General Terms Applicable to All Users
Ownership of the Services. The Services and all technology underlying the same are expressly owned and operated by iGiving. Unless otherwise noted, the design and content features on the Services, including without limitation: information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, APIs, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by iGiving or its affiliates, if any, or are licensed by iGiving from third parties. The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
The trademarks, logos, and service marks ("Marks") displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that iGiving sponsors or with which we are otherwise affiliated. IGiving's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without iGiving's express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without iGiving's express written consent.
No portion of the Services or Site Information may be reprinted, republished, modified, or distributed in any form without iGiving's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Services or any of the Site Information.
You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Site Information on any authorized copy you make of the Services or the Site Information.
Use of Services. To the full extent permitted by law, the services and the site information are provided “as is” with all faults. Your use of the Services, and the Site Information is at your own risk. The Services or Site Information may contain errors or omission, or may be out of date. The Services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the Services, you promise to:
Use the Services and any information or content received in connection with the Services, including without limitation all Site Information, Donor Lists or User Generated Content (defined below), in compliance with this Agreement and all Applicable Laws;
Use the Services so as not to damage, disable, overburden or impair the service, our networks or systems and not to interfere with any others' legal rights or use or enjoyment of the service; and
Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
Prohibitions. You also agree that you will not:
use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Promotion, Event or campaign through the Services, or post User Generated Content (defined below) in any inappropriate category or areas on the Services;
use the Services or any information or content received in connection with the Services (including without limitation any Site Information, Donor Lists or User Generated Content) in any way that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, violates any Applicable Laws or infringes, misappropriates or violates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
create any liability for iGiving or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
engage in any conduct that, in iGiving's sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services;
interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks iGiving uses to provide the Services;
gain unauthorized access to the Services, or any account, computer system, or network connected to this Services, by any unauthorized or illegal means;
obtain or attempt to obtain any materials or information not intentionally made available through the Services;
use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
engage in advertising or commercial solicitation of any product or service without iGiving's written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
collect, harvest or publish any personally identifiable data (including but not limited to names or other account information) from the Services in a manner not permitted by these Terms, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
post any identification documents or sensitive information about another person;
create a fundraising campaign involving legal disputes or legal issues or child custody issues;
use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services or Site Information for any purpose without iGiving's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services or Site Information for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (iGiving reserves the right to revoke these exceptions either generally or in specific cases);in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services or User Generated Content including but not limited to, use on a mirrored, competitive, or third-party site;
transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
Content. When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Services (collectively "User Generated Content"). You alone, not iGiving, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to iGiving, you hereby grant iGiving and the applicable Charity a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. IGiving is not responsible, and shall not be liable, for any Charity’s or other third party’s use of any User Generated Content. In the event that you, or any entity you represent, receives User Generated Content in connection with your use of the Services, you represent, warrant and covenant that you shall only use such User Generated Content in accordance with these Terms and all Applicable Laws.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or otherwise violates these Terms or any Applicable Laws.
iGiving shall have the right, but no obligation, to monitor User Generated Content and other features of the Services to determine compliance with these Terms and any other operating rules we establish. iGiving shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. We do not control any User Generated Content that you or other Users may provide. iGiving neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Services or User Generated Content, whether it is provided by iGiving, our employees, or a third party.
Under no circumstances will iGiving be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the Services. iGiving is not responsible for any offensive, defamatory, obscene content or any other posting made through the Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in iGiving's sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged to email email@example.com.
iGiving is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider through the Services.
Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. iGiving respects the intellectual property rights of others and requires those that visit and use the Services to do the same. iGiving may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. iGiving also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that Users of the Services repeatedly infringe on others' copyrights, iGiving may in its sole discretion terminate those individuals' rights to use the Services. If you believe that your work has been used on our Services in any manner that constitutes copyright infringement, please notify iGiving's copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Suspension or Termination of Your Use of the Services. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms. iGiving has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in iGiving's sole discretion and that iGiving shall not be liable to you or any third party for any termination of your account. If you want to terminate any Services provided by iGiving, you may do so by notifying iGiving at any time, with your notice sent to firstname.lastname@example.org. Termination of any Service includes removal of access to such Service and barring of further use of the Service, provided that any Donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You acknowledge and agree that any and all additional services purchased pursuant to a package will not commence until receipt of full payment for such package.
No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. The Services may provide links or references to other websites but IGiving has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by IGiving, we do not operate, control or endorse any information, products or services on the Internet in any way. IGiving does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Services, you do so entirely at your own risk.
Liability & Indemnification
Indemnification. You agree to indemnify, defend and hold iGiving and its affiliates and subsidiaries, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the Services or the Site Information or any information, content, funds or other materials you receive in connection with your use of the Services or Site Information (including without limitation any Donor Lists or User Generated Content); (b) your User Generated Content or use of the User Generated Content of any other User; (c) your breach of any provision of these Terms; (d) any fundraising campaigns, Events, Promotions, or prizes; or (e) disputes between users (including but not limited to Fundraisers, Donors, Charities, and third parties). You will cooperate as fully as reasonably required in IGiving's defense of any claim. iGiving reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without iGiving's written consent.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION, THE SERVICES, AND ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, iGiving, ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. IGiving, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE INFORMATION, THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES OR SITE INFORMATION. IGiving ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY DONOR LISTS OR USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS BY RESIDENTS OF QUEBEC OR AS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, IGiving, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES OR ANY THIRD PARTY SITES LINKED TO THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL IGiving BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND IGiving AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON WHERE YOU RESIDE. IF YOU ARE FROM NEW JERSEY, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
RELEASE. YOU HEREBY AGREE TO RELEASE IGiving, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, THE SITE INFORMATION OR ANY MATERIALS, INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES. You hereby waive California Civil Code Section 1542, which states, in substance, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.
Security of the Services. IGiving maintains physical, technical, and administrative safeguards that are designed to help protect the Services, our systems and our volunteers', Fundraisers', Donors' and Charities' information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While IGiving strives to protect your information, it cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Arbitration and Class Action WaiverPLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision (or, if applicable, the Arbitration Act (Canada)) and not any state arbitration law. This arbitration provision shall survive termination of these Terms. By agreeing to these Terms, you agree to resolve any and all disputes with iGiving as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation or arbitration. You can reach IGiving's support department at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the IGiving support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notice of Dispute: A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to iGiving should be sent to 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom with a copy by email to firstname.lastname@example.org ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If IGiving and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or IGiving may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by IGiving or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IGiving is entitled.
Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) Send the Demand for Arbitration, plus the appropriate filing fee, to AAA, American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.; and (c) Send one copy of the Demand for Arbitration to us at: 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom.
Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms. The arbitrator's award shall be written and shall be binding on the parties without appeal or review except as permitted by California law or United States federal law and may be entered as a judgment by any court of competent jurisdiction. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. ANY CLAIMS BROUGHT BY YOU OR IGiving MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on IGiving) written notice of your decision to opt out to support@iGiving.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, IGiving also will not be bound by them.
Changes to This Section: IGiving will provide thirty (30) days' notice of any changes to this section by posting on the IGiving Terms website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the IGiving Terms and Conditions website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
Except as provided above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in California.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
Electronic Communications. When you visit or use the Services or send emails to IGiving, you are communicating with us electronically. You consent to receive communications from IGiving electronically. IGiving may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that IGiving provides to you electronically satisfy any legal requirement that such communications be in writing. In Europe, we only require consent from you to send you marketing e-mail communications, which we will seek via opt-in. You may give notice to IGiving at the following address: 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. Such notice shall be deemed given when received by IGiving by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Jurisdiction and Governing Law. The following limitations may not be applicable to consumer transactions by residents of Quebec or where otherwise prohibited or restricted by law. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions.
Services are for Use in the United States and Canada. The Services are hosted in the United States and is intended for users located in the United States and Canada. If you are user of the Services from outside of the U.S. and Canada, by visiting or using the Services and/or providing IGiving with any User Generated Content specifically or Content generally, you agree to comply with all federal, state and provincial laws governing the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States, Canada, or the country in which you reside. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
Conflict with Other Agreements. These Terms are in addition to, and do not nullify, any other agreement between you and IGiving or any other applicable Terms and conditions found on the Services. In the case of any direct conflict between these terms and any other agreement between you and IGiving, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services.
Modification of the Terms. In IGiving's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this website. The date of the most recent revision will appear at the top of this page. IGiving encourages you to review these Terms periodically for any updates or changes. Any amended or modified Terms will be effective upon posting. Continued use of the Services constitutes acceptance of any modified terms and conditions.
Additional Terms. IGiving also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. For example, IGiving may post additional rules to participate in a promotion. Your continued use of the Services constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these Terms.
Miscellaneous Other Provisions.
In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Term
Any failure by IGiving to enforce any parts of these Terms will not be considered a waiver of such Term in whole or in part.
These Terms make up the entire agreement between you and IGiving regarding the Services and supersede any prior agreements.
These Terms do not confer any third party beneficiary rights, except as expressly set forth herein.
You will not assign or transfer any of your rights or responsibilities under these Terms to anyone without IGiving's express written permission.
IGiving may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent IGiving from complying with the law.
IGiving shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these terms, contact us at email@example.com