TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
GiveLink LLC ("GiveLink") and UMBC ("Licensee") require that all visitors ("you") to the website (https://givecorps.com/en/UMBC) (the "Site"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Site, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means GiveLink and the Licensee unless otherwise indicated.
Who is GiveLink?
GiveLink is a Software as a Service, contracted by Licensee to allow easy access to web-based charitable giving. The Site provides you with access to an online collection of information, materials and services related to GiveLink and Licensee and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through the Site ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Use of the Site is void where prohibited. By using the Site, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Site; (3) your use of the Site does not violate any applicable law or regulation and (4) you will use the Site only for its intended purposes and not for any immoral, unethical, obscene, or unlawful purposes. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions or other provisions of this UA.
By using the Site, you agree to be bound by this UA, whether you are a visitor, donor, Nonprofit, or Member. The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA.
Our Proprietary Materials.
We welcome you to our Site and we invite you to use it within the following rules:
1. You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this UA.
2. You may copy our relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of GiveLink.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site, in any manner, without your receipt of the prior written authorization of GiveLink and Licensee.
All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice. Although neither GiveLink nor Licensee can monitor the conduct of users of the Site, it is a violation of this UA to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. GiveLink retains the right to restrict use of the Site, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIVELINK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIVELINK MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL GIVELINK, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY "GIVELINK AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITE, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE GIVELINK AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT GIVELINK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT GIVELINK AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY GIVELINK OR AN AUTHORIZED GIVELINK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
GiveLink neither warrants nor represents that your use of Content, Software or any other materials displayed on the Site will not infringe rights of third parties.
Third Party Website.
The Site may provide links to other websites (each, a "Linked Site") as a convenience to you. Such Linked Sites are not maintained by GiveLink or Licensee. Thus, neither GiveLink nor Licensee is responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to a Linked Site does not imply endorsement by GiveLink or Licensee of the Linked Site.
Third Party Website Seeking to Hyperlink to the Site.
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Site, Licensee, and GiveLink. If this is not the case, please do not link to our Site. GiveLink and Licensee both reserve the right to rescind the right to link to its Site at its sole discretion.
Use of any GiveLink trademark, service mark or other intellectual property or content provided by GiveLink for a hyperlink to our Site is permitted and licensed by GiveLink solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by GiveLink, you shall immediately remove any hyperlink to the Site, and discontinue use of any trademarks, service marks or other intellectual property or content provided by GiveLink.
Special Provisions Relating to Donors and Other Members.
Thank you for your interest in supporting projects at Licensee through GiveLink. By clicking the "I Agree" button during the sign-up process for membership, the following additional terms of the UA apply to those users who sign up for an account and/or donate to a project on the Site ("Member").
By applying to become a Member, you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to Licensee and GiveLink is accurate, and you will update the information to keep it accurate; and
3. Any donation you make is legal in your jurisdiction.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Member) for access to Member-restricted portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Licensee and GiveLink of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of Licensee and GiveLink.
All donations made to any project on the site, whether the project reaches its target goal or not, will be retained by UMBC. UMBC is a qualified 501(c)3 tax exempt organization. Contributions to UMBC, Inc. are tax deductible within the limits of current federal and Maryland state law. For more information, please consult with your tax advisor.
From time to time, Licensee, GiveLink or a third party on GiveLink’s behalf may send you emails regarding important information regarding your use of the Site. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
GiveLink cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Licensee.
You may terminate this UA by destroying all materials obtained from the Site, cancelling your Member account, as applicable, and stopping all use of the Site. GiveLink may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon notification of termination, you must destroy all materials obtained from the Site and stop all use of the Site.
This UA is governed by the laws of the State of Maryland USA without regard to its choice of law or conflicts of law provisions and controlling United States federal law. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and GiveLink. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Baltimore, Maryland, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Baltimore Maryland and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or GiveLink may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Baltimore, Maryland as may be necessary to protect the rights or property of you or GiveLink pending the completion of arbitration. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Site or this UA will be brought exclusively in the federal or State courts located in Baltimore, Maryland.
You agree to indemnify and hold GiveLink and its affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to GiveLink.
If you have any questions about the Site or this UA, you may contact us via e-mail at help@GiveCorps.com. We are always glad to hear your questions and comments.
This UA, including the terms specifically applicable to Members, and other policies and notices GiveLink or Licensee may post on the Site necessary for access to Member and Nonprofit portions of the Site, constitute the entire agreement between GiveLink and you, and Licensee and you, in connection with your use of the Site, hyperlinks to the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between GiveLink and you, and Licensee and you, regarding such matters, including prior versions of this UA. GiveLink may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by GiveLink, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.
This User Agreement was last updated on 3/13/2013.