DonorGive

DonorGive Terms of Service

By using the DonorGive service ("Service"), you agree to be bound by the following terms and conditions ("Terms of Service").

DonorGive, LLC ("Company") reserves the right to update and change the Terms of Service at any time without notice or informing you. Amended terms shall be effective upon posting of same on the Company site, www.DonorGive.com (“Site”). You are responsible for checking the Site regularly to ensure that you are aware of all terms governing the use of the Service.

Any violation of the terms below may result in the immediate termination of your account.

Your Account

  1. It is your responsibility to maintain the security of your account, including your password. The Company will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are prohibited from using the Service for any illegal purposes or to violate any laws in your jurisdiction, including but not limited to financial laws.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Only you may use your login. It may not be shared by multiple individuals.

Cancellation and Termination

  1. You can cancel your account at any time by visiting your Account profile on the Site.
  2. Upon cancellation, all of your data will be immediately inaccessible from the Service and access to your Account will be deactivated. While certain financial data will be retained, your access to the data will not be possible from the Service.

Modifications to the Service

  1. The Company reserves the right to modify or discontinue, temporarily or permanently, any part of the Service with or without prior notification or notice.
  2. The Company shall not be liable to you or to any third party for any modification, fee change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. The design, look, feel, and functionality of the Service are Copyright © DonorGive, LLC. All rights are reserved.
  2. You are prohibited from duplicating, copying, reusing, or repurposing any part of the HTML, CSS, JavaScript, or visual design elements without prior and express written permission.
  3. You may not modify the Service or create any derivative work of the Service or its accompanying documentation. Derivative works include but are not limited to translations.

Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, and parent companies and each of their officers, directors, employees, members, managers, and agents, from and against any claims, actions, demands, or suits, including, without limitation, legal and accounting fees, arising out of, connected with, or resulting from your use of the Service, your breach of the Terms of Service, your violation of any law, code, or regulation, or your provision of false or misleading information related to the Service.
  2. The Company shall provide notice to you of any such claim, action, demand, or suit and shall provide any necessary assistance, at your cost, in defending any such claim, action, demand, or suit. The Company shall be entitled to select counsel, at your cost, it deems appropriate for the defense of same.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

No Warranty – “AS IS”

  1. You understand that the Service is provided “as is” and does not guarantee availability. No warranty FOR THE SERVICE IS provided and all warranties, INCLUDING THOSE IMPLIED AT LAW ARE EXPRESSLY DISCLAIMED. To the extent that the applicable jurisdiction limits Company’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
  2. You understand and agree that the Company does not warrant that the Service will meet your specific expectations or requirements in connection with the Service. You further understand that the Service may be interrupted from time to time and no guarantee is made in regards to its availability or accessibility. You also understand that the Company makes no guarantee that the Service is error free.

Third Party Products and Services

  1. The Site may contain material provided by third parties and Company accepts no responsibility or liability for the accuracy of that material.
  2. Where the Site or Service provides links or refers to other people's sites, Company is not endorsing their products or services. Your use of these links is entirely at your own risk and Company accepts no responsibility or liability for the content, use or availability of these sites or for any loss or damage, however arising, suffered as a result of their use. Company has not verified the truth or accuracy, and give no guarantees regarding, the correctness of the content of such web-sites.
  3. You may not link any other website to the Site or Service or provide a link from the Site or Service to another website without obtaining Company’s prior written consent.
  4. You agree and understand that the Company may utilize third party vendors, hosting partners, and financial institutions and their services in providing the Service to you. Company disclaims all liability for any damages you may suffer as a result of said third party vendors, hosting partners, and financial institutions actions. By using the Service, you agree that any issues with same must be directed to the third party vendor, hosting partner, or financial institution directly.

General Conditions

  1. Technical support is only provided via the support portal in the Service.
  2. You may not utilize external services or websites to falsely associate them with the Service or the Company.
  3. You agree not to hack or otherwise technically impair the Service.
  4. You understand and agree that Company may, at its sole discretion, remove data and terminate accounts that are determined to be unlawful, violating another party’s rights or these Terms of Service, or exhibit fraudulent activities.
  5. Without first obtaining the express written consent of the Company, you may not assign your rights and obligations under these Terms of Service, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the use of the Service.
  6. Any new features that modify the current Service regardless of their impact or performance of the Service shall be subject to the Terms of Service. Continued use of the Service after any such changes constitutes your consent to such changes without the requirement of a notice by you. If you do not agree to such changes, your only remedy is a termination request and subsequent cancellation of your Account.
  7. If any provision of these Terms of Service shall be held to be invalid or unenforceable, the remainder of the Terms of Service shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
  8. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  9. Headings are used in this Agreement for convenience only and will not be considered in interpreting this Agreement.
  10. Delay or failure by Company to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term.
  11. Questions about the Terms of Service should be sent to support@donorgive.com.

Governing Law, Jurisdiction and Costs

These Terms of Service are governed by the laws of Texas, without regard to Texas's conflict or choice of law provisions.

The exclusive venue for any actions or claims arising under to related to this Agreement will be the state or federal courts located in Collin County, Texas. ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATED TO ARISING UNDER THIS AGREEMENT.

© Copyright 2024 DonorGive. All rights reserved.  Terms of Use  /  Privacy Policy.