ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY AND DONORCOMMUNITY'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID MICROGIVING, IF ANY, FOR ANY SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL DONORCOMMUNITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. DONORCOMMUNITY SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. This site is not a solicitation for or offering of any service to any person in any jurisdiction where such solicitation or offering would be illegal.
The laws of the state of Florida, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, District of Florida in (Boynton Beach, Fl USA)
All notices to a User or to MicroGiving shall be in writing and shall be made either via email or conventional mail and addressed to the attention of Customer Service at:
1. EMAIL: email@example.com
2. MAIL: DonorCommunity, Inc. 3511 Commercial Road, Suite 404 Ft. Lauderdale, Fl 33309
Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
We may terminate or suspend your use of this Site at our discretion and for any reason. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Miscellaneous.
TERMS APPLYING TO DONORS
Donor Accounts: You are a Donor if you have registered on the Site to make donations or have visited the site and made a direct donation to a recipient. All donations made on the Site will be contributed to the MicroGiving account. DonorCommunity will make every attempt to distribute your donation to the Recipient that you chose. However, DonorCommunity has exclusive legal control over the donation. All Recipients are online-verified by DonorCommunity to ensure compliance with DonorCommunity terms of service, but in the event that a Recipient is not eligible to receive donations, DonorCommunity will return the funds to your donor Account or move the funds to the DonorCommunity general fund to be re-distributed to other members on the site at the sole discretion of DonorCommunity.
Your credit card transaction is processed through a third party payment processor, Authorize.net (http://www.authorize.net). Your credit card transactions are subject to the policies and terms defined by Authorize.net, and we assume no responsibility for such transactions.
Funding of your Donor Account is irrevocable. You will receive an email confirmation with all the information you need for your records. Peer to peer donations are not tax deductible. Donations to qualified charitable organizations may qualify for a tax deduction as allowed by law. You are responsible for preparation and filing of your federal and state taxes, and if you have questions or concerns, should contact a qualified tax professional. We will not provide you with tax-related advice. Although our Recipients have been online-screened by our team, we make no representations or warranties relating to the Recipients, do not endorse the Recipients, nor do we assume any liability for the Recipients. Although the Recipients represent their intended cause, we have no control or responsibility over how your Donations will be used by the Recipient(s). If your Donor Account maintains an unused positive balance for a period of two (2) years, DonorCommunity will, at its sole discretion, without prior approval from you, move all of such balance to the DonorCommunity general fund for redistribution in accordance with our policies in effect at that time.
TERMS OF DONATING TO RECIPIENTS
Application Process: To become a Recipient through us, you must register/sign up (found on the MicroGiving.com Site). Your registration will be reviewed by us, and if accepted, you will receive a confirmation email with information on how to access your account. You must provide a minimum level of information to be approved. However, we reserve the right to deny your application for any or no reason at our sole discretion. You represent and warrant that all information you provide to us in connection with your application is true, accurate and complete. You agree to immediately advise us of any change in facts or circumstances which may affect your status.
Once you have been approved as a Recipient, you may then establish one or more requests for Donations through the Site (each such advertisement is a "Request"). You are responsible for preparing and posting the content of your request. Requests for consultation should be directed to us at firstname.lastname@example.org.
All request content not provided or created by us is your responsibility, and subject to the terms and conditions herein relating to Submissions. We reserve the right at our sole discretion to remove any request which we suspect may be in violation with these Terms of Service. You hereby consent to such removal and waive any claim against us arising out of such removal.
Fees for Service
Microgiving is free and easy when creating a fundraiser. A small processing fee of 4% for credit card transactions and a 5% processing fee will be deducted from each donation. The actual amount that you receive will be displayed on the donation bar automatically, you'll never need to worry about being billed or owing us any money.
You recognize and agree that Donations are made at the sole discretion of DonorCommunity. Authorize.net is a third party beyond our control, and thus we are not responsible for any of Authorize.net's actions. Furthermore, Authorize.net has exclusive legal control of all Funds until received in the MicroGiving account.
COMMUNICATIONS WITH DONORS
Upon registration with us, we may ask a Donor if he or she would like us to share his or her contact info with a Recipient. If the Donor so indicates, we may provide the Donor's contact info to you. You understand and represent that all subsequent communications between Donor and You are your responsibility, and we assume no liability therefore. You agree that you will not contact any Donor or other Users of the Site outside the MicroGiving community who has not consented to have his or her email address shared with you.
By using this Site, you agree to indemnify and hold DonorCommunity, its parents, subsidiaries, affiliates, officers and employees harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your Request, (b) any other information displayed or posted by you on the Site, (c) any communications between you and Donors relating to the Site or your Requests, (d) any activities arising out of use of your account, or (e) infringement by your Request or other of your content, of any intellectual property or any other right of any person or entity. DonorCommunity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DonorCommunity in asserting any available defenses. This indemnification is meant to act in addition to the Indemnification set forth above under Terms Applying to All Users.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
TYPES OF USERS OF SITE
There are three types of Users of the Site: (1) visitors of the Site who access the Site for informational purposes ("Visitors"), (2) Members of the site who join as a Donor and donate to charitable individuals, groups, and organizations through the Site ("Donors"), and (3) Recipients and all recipients alike, who join the MicroGiving community as a recipient and receive donations from donor. Recipients include fundraisers and nonprofit charitable organizations using the site to publicize projects and obtain donations ("Charities").
PARTICIPATING THIRD PARTY POLICIES
These third parties have their own privacy statements that can be viewed on their websites or by contacting these third parties directly. Since we do not have direct control over the policies or practices of third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of these third parties before you provide any personal information or complete any transaction with such parties.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect certain information from and about our Users three ways: (1) directly from our web Server logs, (2) with Cookies, and (3) from you, the User. We do not collect information about the specifics of who you are ("Personally Identifiable Information") unless you specifically provide it to us.
WEB SERVER LOGS
When you visit our Site, we may track information to administer the Site and analyze its usage. None of this information is Personally Identifiable Information. Examples of information we may track include, but are not limited to: Your Internet protocol address, The kind of browser or computer you use, Number of links you click within the site, State or country from which you access the site, Date and time of your visit, Name of your Internet service provider, Web pages from which you link to our site, Web pages you go to from our site, Pages you view on our site.
PERSONAL INFORMATION PROVIDED BY USER
You provide certain Personally Identifiable Information to us when you register with us, send us e-mail messages, talk to us on the phone, submit forms or comments to us, or provide information to us by any other means. For site Visitors (not registered users), we do not collect or store personal information unless you would like to receive our newsletter, and then only when you provide your personal email address do we store any of your personal information. For site Donors, you must register with us, and we may collect and store the following information during the registration process: first name, e-mail, which is information provided by you.
For recipients and other nonprofit organizations, you must also register with us, and we may collect and store the following information during the registration process: First name and email address of the account creator. Later you may provide the following inside your member account: First and last name of the account creator, address, telephone number, facsimile number, account number, contact persons, charitable projects, information regarding your status as a registered IRS Code Section 501(c)(3) tax-deductible nonprofit charity, including your Federal EIN number; and other relevant information provided by you. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be needed in order to provide online technical support and troubleshooting. You may also provide certain Personally Identifiable Information to us regarding third parties. For instance, you may provide us with names and/or email addresses of others who may be interested in the Site or Charities/Projects.
We will not sell, trade, or rent Personally Identifiable Information to others. However, if you are a Donor and you indicate on your user profile that you would like us to share your contact information with Charities to which you donate, we will provide it to the Charity or Charities. You can change this option at any time by accessing your Member Profile and selecting to remain anonymous. Furthermore, we will not disclose Personally Identifiable Information we collect from you to third parties without your permission, except to the extent necessary: to fulfill your service request, to protect ourselves from liability, to respond to a court order or subpoena, to comply with an investigation, or to comply with applicable laws or rules, or in connection with a merger, acquisition, or liquidation of the company. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
USE OF WEB BEACONS OR GIF FILES
We reserve the right to include on our Site electronic images known as web beacons - sometimes also called single-pixel gifs - that allow us to count users who have visited those pages and to deliver co-branded services. We reserve the right to include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. If included on our site, web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or e-mail communications. You should visit those service provider's web pages to review their privacy policies; see paragraph 2 above. We prohibit web beacons from being used by third parties to collect or access your Personally Identifiable Information.
ACCESSING WEB ACCOUNT INFORMATION
Members will be provided with the means to ensure that Personally Identifiable Information that we have on file for you is correct and current. You must update your Personally Identifiable Information promptly after it changes in the profile settings section or your member account. You may review this information by visiting your member account on the profile settings section. You may ask to have the information on your account deleted or removed at any time. We will use reasonable efforts to delete your information; however, because we and our web hosting company have backup systems and keep track of past transactions and/or activities, it may be impossible to completely delete your information. Also, we will retain certain information regarding your account for business, audit, and tax purposes consistent with our document retention practices.
We may, from time to time, send you e-mail regarding our services. In addition, if you indicate on your User Profile that you are interested in sharing your contact info with other members, you may receive emails relating to information from DonorCommunity. Only DonorCommunity will send you these direct mailings, and only if you indicated that you are interested in receiving these mailings. If you do not want these mailings, you can deselect the notifications by email in your account settings section.
SECURITY OF INFORMATION
We will keep your Personally Identifiable Information secure consistent with current industry standards. Security of your Personally Identifiable Information is of utmost concern to us. We encrypt your Personally Identifiable Information when it is transmitted to us via our secure web page designated for this purpose, and thereby put processes in place to prevent unauthorized parties from viewing such information when it is transmitted to us in this manner. Personally Identifiable Information, once transmitted to us, will be stored on firewall-protected computers that only selected Company personnel and contractors have access to via password, and/or on web hosting servers maintained by our hosting partners which employ their own physical and network security measures.
CHANGES TO THIS STATEMENT
We have the discretion to update this Statement at any time. When we do, we will also revise the "updated" date at the top of this Privacy page. We encourage you to periodically review this Statement to stay informed about how we are helping to protect the Personally Identifiable Information we collect. You acknowledge and agree that it is your responsibility to review this Statement periodically and become aware of modifications. Your continued use of this site constitutes your agreement to this Statement and any updates.
DonorCommunity, Inc. 3511 Commercial Road, Suite 404
Ft. Lauderdale, Fl 33309
By E-mail: email@example.com We will use commercially reasonable efforts to promptly respond and resolve any problem or question.
ZERO TOLERANCE POLICY
Each member will complete an online profile and will provide information that is honest and truthful to the best of each member's knowledge.
Each member will use this site solely to either solicit charitable donations for a real and verifiable need from other members of the community or to donate charitable gifts and offer compassionate encouragement to those members of the community in need.
No member shall engage in any other type of activity aside from those activities listed in the pledge above.
Each member shall use their best efforts to maintain the security and privacy of the information contained in the profiles of other members. At no time will a member share, sell or in any other way distribute or use the information received from other member profiles without prior approval from that member directly.
Each member of the MicroGiving community shall at all times conduct themselves and their activities within the community in manner that is respectful, charitable and compassionate toward all other members. Members shall not use profanity, negative comments nor threaten or attempt any interactions with other members that are not in the best interests of that member and the MicroGiving community in general.
Each MicroGiving member is a part of the MicroGiving community and as such, agrees to help support and maintain a safe and compassionate online community by reporting any violations of its usage policies.
This document was last updated on 10/29/2012