Corporate Giving PartnershipsSM
Terms and Conditions of Use
Posted by: Corporate Giving Partnerships on June 27, 2015
Effective Date: June 27, 2015
- DESCRIPTION OF SITE
Corporate Giving Partnerships is a matchmaker and broker between nonprofit organizations and businesses.
- MODIFICATIONS TO TERMS
- CONTENT; MODIFICATIONS TO SITE; SUBMISSIONS
3.1 Content Protected by Intellectual Property Rights. For purposes of these Terms, “Content” means applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and works of authorship. Any Content available through the Site is protected by the intellectual property rights of Corporate Giving Partnerships or its licensors.
3.2 Modifications. We reserve the right to modify or discontinue, and restrict or block access to, the Site without notice to you.
3.3 User Ideas. When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to Corporate Giving Partnerships, you represent, warrant, and agree that: (a) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (b) if we so choose, we may use and disclose your Ideas in any way; and (c) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (i) Corporate Giving Partnerships may have already created, or be in the process of creating, content that may be substantially similar to your Ideas at the time you submit those ideas to us, and (ii) elements of your Ideas may not be subject to protection under copyright law.
3.4 Testimonials. If you provide us with a testimonial, whether in writing, audio or video, with or without photos (together, the “Testimonial”), you grant us an unlimited, royalty-free, fully-paid, nonexclusive license to display the Testimonial on our Site and use it in our marketing materials or public presentations.
- PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
access the Site for competitive purposes, such as benchmarking or monitoring availability, performance, or functionality;
access, tamper with, or use services or areas of the Site that you are not authorized to access;
alter information on or obtained from the Site;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
impersonate or misrepresent your affiliation with any person or entity;
reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
- DEALINGS WITH MERCHANTS; LINKS
- DISCLAIMER OF WARRANTIES
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; Corporate Giving Partnerships does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM Corporate Giving Partnerships, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER Corporate Giving Partnerships NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF Corporate Giving Partnerships, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF ITS RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- COPYRIGHT INFRINGEMENT
Corporate Giving Partnerships respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit Corporate Giving Partnerships to locate the material (for example, by providing a URL to the material);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at email@example.com. The same email is also available for Legal Notices; please use the title “Legal Notice” in the subject line.
- ADDITIONAL TERMS FOR NONPROFIT ORGANIZATIONS
- Services for Nonprofit Organizations. If you are a nonprofit organization (“Nonprofit Organization”), and you are in compliance with the Terms, you may submit an application to Corporate Giving Partnerships to be matched with a corporate donor.
- No Guarantee. We will do our best to present you to a corporate donor and to match you with compatible corporate donors, but we make no guarantees, including but not limited to the following: that you will be presented to a corporate donor; that you will be matched with a corporate donor; that you will receive donations; that, if matched, you and the corporate donor will form a relationship; or that the corporate donor will be active and engaged. You agree to communicate any problems, concerns or questions promptly and directly to Corporate Giving Partnerships.
- Registration. You agree to provide accurate, current and complete information as necessary for Corporate Giving Partnerships to communicate with you regarding services, and to issue invoices, accept payment, or other account-related purposes. You agree to keep any account information updated, inform us of any other changes in your legal entity name, address, email address and phone number. You agree to accept emails from Corporate Giving Partnerships at the e-mail address specified in your application and on your account for login purposes. Corporate Giving Partnerships may provide notices, statements, and other communications to you through e-mail, and/or by mail or express delivery service.
- No Solicitation. The primary business of Corporate Giving Partnerships is the development and coordination of its matchmaking and brokering services (the “Services”). The continuation of Corporate Giving Partnerships’s Services depends upon you refraining from soliciting donations directly from Corporate Giving Partnerships’s clients. You agree that solicitation of Corporate Giving Partnerships’s clients without Corporate Giving Partnerships’s prior written approval is an improper act to circumvent Corporate Giving Partnerships’s Services and violates the Terms. Improper acts may result in cancellation of your account and deletion of all account data, including pending matches and transactions, without notice.
- Security. It is your responsibility to secure your online information from unauthorized access. Corporate Giving Partnerships and other users of Corporate Giving Partnerships may act upon information provided to Corporate Giving Partnerships from the above-specified e-mail address and any accounts linked to the same e-mail address.
- 501c IRS Exemption Status. It is your responsibility to maintain current 501c IRS tax-exempt status to be a Nonprofit of consideration by Corporate Giving Partnerships and to receive services and donations from Corporate Giving Partnerships’s clients. It is Your responsibility to notify Corporate Giving Partnerships if you lose such exempt status. Corporate Giving Partnerships reserves the right to suspend or remove without notice Nonprofits Organizations which lose this status, or for which we can no longer verify this status, or for which we cannot verify the contact’s right to represent the Nonprofit Organization.
- Good Standing. It is your responsibility to be in good standing with the State in which your entity was formed as well as with the charitable registrations of the States that require charities to register.
- Accuracy of Information. You ensure that all information submitted to Corporate Giving Partnerships is accurate at the time of submission as well as on an ongoing basis. Corporate Giving Partnerships reserves the right to correct, edit or clarify grammatical, typographical errors and/or request clarification of the Nonprofit profile, its goals, events or any other provided information.
- Non-Discrimination. If you are a membership organization or are hosting an event for which you seek a corporate match, please include a link that clearly explains your requirements or event invitation criteria. All events must be open to anyone regardless of race, national origin, religion, gender, or sexual orientation. Memberships that are only open to restricted audiences or populations must be clearly indicated. Corporate Giving Partnerships does not represent or promote organizations that restrict membership on the basis of race, national origin, religion, gender and sexual orientation.
- Limitation on Hate Speech, Violence, Criminal Activity or Terrorism. Corporate Giving Partnerships reserves Site access or Services to organizations involved in hate or violent speech or violent or hate related terrorist actions.
- Use of Donations. Corporate Giving Partnerships does not accept funds, goods, in-kind gifts, or gift certificates on behalf of our corporate clients. Funds, items and resources that are donated from businesses or individuals must be used as represented by Corporate Giving Partnerships and indicated in the Nonprofit’s donation request. Funds, resources and donated items or resources must be used without misrepresentation. This includes donations used for auctions, raffles, drawings, gift bags, event favors, or other fundraising purposes. Donations cannot be given to volunteers or staff (unless this request is stated and made known to Corporate Giving Partnerships and permission granted from the donor prior to accepting donations. Donated items cannot be sold except during specified events, and they cannot be sold on web sites, except in agreed online fundraising auctions. Donated items cannot be sold in retail stores or flea markets or through private parties or any other manner. Donations cannot be transferred to another nonprofit organization or group without advance written permissions from the Corporate Giving Partnerships Companies or Individuals who have contributed the items or funds.
- Record Keeping. Nonprofits placed by Corporate Giving Partnerships agree to maintain adequate books and records of received donations and their distribution and agree to make these records available upon request to Corporate Giving Partnerships for Terms and Conditions of Use compliance, and verification purposes as required by law, including for the purpose of substantiating donations from Companies being audited.
- Marketing. Corporately matched Nonprofits agree to participate in appropriate Company marketing efforts and will provide analytic and measured result reporting to the sponsoring Company regarding how their funds and resources were used, and the impact the funds or resources had as a result of the donation.
- STANDARD TERMS
- Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.
- No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
- Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Corporate Giving Partnerships agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego County, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in San Diego, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
- Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
- Entire Agreement. These Terms (including terms incorporated into them comprise the entire agreement (the “Entire Agreement”) between you and Corporate Giving Partnerships with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
- No Waiver. The failure of Corporate Giving Partnerships to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Corporate Giving Partnerships’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
LEGAL NOTICES. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
Corporate Giving Partnerships WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY Corporate Giving Partnerships TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE Corporate Giving Partnerships PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY Corporate Giving Partnerships, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO Corporate Giving Partnerships COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003″) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The Corporate Giving Partnerships trademark and all other trademarks used in the Site are owned or used under license by Corporate Giving Partnerships and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any Corporate Giving Partnerships trademarks without express written permission from Corporate Giving Partnerships and only in accordance with Corporate Giving Partnerships’s Trademark Guidelines. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © 2015 Corporate Giving Partnerships. All rights reserved.