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Last Update: January 25, 2024
Funraise, Inc. (referred to throughout as "us," "we," "our," etc.) is the owner and operator of the funraise.org website, an online fundraising platform for nonprofit organizations. These Terms of Service apply to the funraise.org website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the "Website"). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person " you," "your," etc.) agrees to be contractually bound by these Terms of Service (the "Terms").
Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms and our Privacy Policy. If you do not wish to use the Website in accordance with the Terms and our Privacy Policy, then you should immediately discontinue using the Website.
1.0 Updates
We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
2.0 IP Protection
The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
2.1 Prohibited Activities
You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
2.2 Your Content
By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
3.0 User Warranties
By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
4.0 Privacy Policy
Any personal information you submit to the Service or Funraise is governed by Funraise's Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Website or Funraise. Except as disclosed in Funraise's Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
4.1 Privacy Policy Compliance
You are solely responsible for complying with all applicable state, federal, and international laws, including those governing the collection, use and disclosure of user information. Although Funraise provides a platform for You to serve your users, You must provide users with all requisite disclosures relative to the collection of personally identifiable information of users by your organization, including, but not limited to, the prominent display of a privacy policy. To the extent You utilize Funraise's platform to communicate with your users, You represent and warrant that You have obtained such user's authorization to send them e-mails for Your marketing or promotional purposes. For any email obtained from a user outside of Funraise's platform and imported into his or her Funraise profile for our email marketing services, You must first have obtained the user's authorization to send them e-mails for Your marketing or promotional purposes.
5.0 Fees
Nonprofits pay us a subscription fee and a transaction fee to use the Website. Except as otherwise stated in an annual agreement, we may modify the subscription and/or transaction fees once per calendar year upon 30 days' notice, provided that the increase does not exceed 10% of the then-current fees.
5.1 Late Fees
Late payments will incur additional fees and consequences. A payment more than 15 days late will incur a late payment fee equal to 10% of the annual subscription cost. A payment more than 30 days late will incur a late payment fee equal to 30% of the annual subscription cost. A payment more than 60 days late is considered delinquent and may result in the cancellation of the account and/or the account balance being sent to collections.
If a payment is more than 15 days late, the account will forfeit rights to utilize a payment installment plan and will be required to pay the entire annual subscription cost in one lump sum.
5.2 Non-refundable Fees
All fees are non-refundable. While you may be able to refund a transaction made through Funraise's platform, fees, including, but not limited to, transaction fees, wealth screening fees, and subscription fees are not refundable.
6.0 Availability of Service
As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you.
7.0 Waiver of Warranties
We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS."
7.1 Taxes
You understand that the party you transact with through the Website is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Website. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.
7.2 Release
You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the "Released Claims").
In furtherance of the forgoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "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."
7.3 Limitation of Liability
Neither we nor our officers, directors, employees and agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
7.4 Indemnification
You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.
8.0 Security
Funraise is committed to safeguarding the technologies impacting the transmission of Card Data, encompassing a cardholder's account number, expiration date, and CVV2 in a manner consistent with PCI standards. We employ robust administrative, technical, and physical measures to ensure the security of personal information associated with you and your customers, stored within our servers. These measures are designed to thwart unauthorized access and protect against accidental loss or modification. While we diligently maintain these safeguards, it's important to note that absolute immunity from unauthorized access by third parties cannot be guaranteed. You understand and accept that you provide personal information concerning you and your customers at your own discretion and risk.
8.1 Data Security
The responsibility for ensuring data security on your website or within your possession rests entirely with you. You commit to adhering to all relevant state and federal laws and regulations governing the collection, security, and dissemination of any personal, financial, card, or transaction information (referred to as "Data") on your website. Furthermore, you pledge to maintain compliance with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable, at all times.
8.2 Audit Logs and Incident Investigation
Per PCI DSS requirements for multi-tenant service providers (Appendix A1.2), Funraise will provide logs and efficient support to customers for suspected or confirmed security incidents. To request logs related to your account, contact the Funraise support team via email (support@funraise.org). Your identity will be confirmed by the team before the request is fulfilled. Customers who suspect or have confirmed a breach of cardholder data can reach out to Funraise regarding any forensic inquiries related to the security incident.
9.0 Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, as such laws are applied to agreements made between California residents and performed entirely within the State of California, and without regard to conflicts of laws principles.
9.1 Forum
The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in Los Angeles, County California. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
9.2 No Joint Venture
These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
9.3 No Assignment
You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
9.4 Entire Agreement
These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
9.5 Severability
If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
9.6 No Waiver
Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waver of any other breach, or any succeeding breach.
9.7 Survival
The provisions of the sections of these Terms titled "Intellectual Property," "Liability," and "General" will survive termination.
9.8 Headers
The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
9.9 Attorney's Fees
If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation.
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