Terms and Conditions

FUNDRAISING PORTAL TERMS OF SERVICE

1. GENERAL

Fundraising Portal, a Colorado limited liability company ("Provider") provides online fundraising platforms to users who have agreed to the terms and conditions stated below. This Fundraising Portal Terms of Service ("Agreement") is a legal agreement between you and Provider. It states the terms and conditions under which you may access Provider's system and use the online services that Provider makes available through such system at www.thefundraisingportal.com ("Service"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT. IF YOU DO NOT WISH TO BE LEGALLY BOUND, PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS AND/OR USE THE SERVICE.

2. ACCESS AND LICENSE

(a) License. Provider hereby grants you a limited, nonexclusive, personal, nontransferable license to access and use the Service subject to the terms of this Agreement.

(b) Permitted Users. You may permit other members of your organization or household to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use your account, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor's access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.

3. CHANGES

FUNDRAISING PORTAL TERMS OF SERVICE

1. GENERAL

2. ACCESS AND LICENSE

(a) License. Provider hereby grants you a limited, nonexclusive, personal, nontransferable license to access and use the Service subject to the terms of this Agreement.

3. CHANGES

The Service, Provider's system, and this Agreement may change from time to time. Provider reserves the right, at Provider's sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service including, without limitation, (1) restricting the time of availability, (2) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (3) restricting the procedures for or amount of access or use permitted, (4) restricting or terminating any user's right to access and use the Service, and (5) changing system hardware and software. Any change to the Service is effective immediately upon a posting on the Service, electronic mail, or conventional mail. Any change to this Agreement is effective after 30 days of posting on the Service, sending via electronic mail, or sending via conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in Section 11.

4. CHARGES AND PAYMENT

The Service will permit you to receive information and order and receive products and services directly from businesses that are not owned or operated by Provider. You agree that you are solely responsible to such businesses for all payments and associated fees related to any orders you submit.

5. SYSTEM RULES

(a) You agree to supply Provider with accurate and complete information as specified on the online registration form and to inform Provider promptly of any change in such information.

(b) You are responsible for all use of your account. You must promptly inform Provider of the loss, theft, or unauthorized disclosure or use of your personal identification number or password. Until you notify Provider of such a breach of security, you remain liable for any unauthorized use of the Service through your account.

(c) The Service may only be used for lawful purposes and consistent with the rights of other users and third parties. Without limiting the foregoing, the Service shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting or storing material that is obscene or defamatory. You are prohibited from posting on, or transmitting through the Service, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

(d) Provider reserves the right to refuse to provide access to the Service to anyone.

6. DISCLAIMER; LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. PROVIDER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND WHATSOEVER, INCLUDING DUE TO PROVIDER'S NEGLIGENCE OR MISCONDUCT, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.

7. INDEMNIFICATION

You agree to indemnify and hold Provider, its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney's fees) arising out of or related to any violation of this Agreement or use of your account.

8. PRIVACY

Electronic mail and other transmissions passing through the Service or over the Internet and through Provider's system are not secure, and Provider cannot guarantee the security or privacy of any of your information or communications. Any personally identifiable information used, transmitted, collected and/or stored by Provider shall be governed by Provider’s Privacy Policy available at www.thefundraisingportal.com.

9. EDITORIAL CONTROL

Provider reserves the right to monitor transmissions, other than private electronic communications, as necessary to provide service and otherwise to protect the rights and property of Provider. Notwithstanding the foregoing, Provider does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can Provider assume any liability for any action or inaction with respect to such conduct, communication, or content.

10. PROPRIETARY RIGHTS

(a) Service. The Service and any accompanying documentation and written materials are the sole and exclusive property of Provider or its licensor and are protected by copyright, patent, and/or trade secret laws and international treaties.

(b) Content. You acknowledge that the Service contains information, software, photos, video, graphics, sound, music, and other material ("Content") that are protected by copyright, trademark, trade secret, and other intellectual property laws and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of portions of the Content, including material protected by copyright, trademark, or other proprietary rights, provided the copies are made for your personal use and that you maintain any copyright, trademark, or other proprietary rights notices on the copies of the Content. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.

(c) Third Party Content and Services.

(1) You may only upload or otherwise distribute via the Service Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner's express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement, and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and to termination of this Agreement. By uploading Content to the Service in any area that is generally accessible to other users, you automatically grant or warrant that the owner of the Content has expressly granted Provider the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyright, including renewals thereof, that may exist in such content. You also grant or warrant that the owner of the Content grants to other users the right and license to access, view, store, or reproduce the Content for that user's personal use. Subject to the foregoing, the owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.

(2) Provider is a distributor and not a publisher of Content supplied by third parties and users. Accordingly, Provider has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other Content expressed or made available by third parties are those of the respective authors, owners, or distributors and not of Provider. In no event will Provider be liable for any loss or damage caused by a user's reliance on Content obtained through the Service. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, advice, opinion, or any other Content available through the Service.

(3) The Service will permit you to receive information and order and receive products and services directly from businesses that are not owned or operated by Provider. The purchase, payment, warranty, delivery, and any other terms concerning such information, products, and services are solely between you and such businesses. Provider shall not be liable for any such information, services, and/or products.

(d) Export. The U.S. export control laws regulate the export and re-export of technology originating in the U.S., including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise, any Content derived from the Service without obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including without limitation, certain types of encryption software.

11. TERMINATION

(a) For Any Reason. Either you or Provider may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of notice.

(b) For Cause. Provider may terminate this Agreement without notice for any conduct that Provider believes in its sole discretion violates this Agreement, interferes with other users' use of the Service, or is otherwise inappropriate.

(c) Effect of Termination. Upon termination, your limited license to access and use the Service automatically terminates, and Provider may delete all data, files, or other information stored in your account.

12. LEGAL NOTICES TO CALIFORNIA USERS

California users are entitled to the following consumer rights information under California Civil Code § 1789.3:

(a) Pricing Information. Currently there are no charges to you for use of the Service, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Provider reserves the right to add, delete, or change fees or charges at any time upon notice as provided in this Agreement. Provider can be reached at 4 White Fir Ct., Littleton CO, 80127, or by telephone at 1-866-748-1200.

(b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

13. GENERAL

(a) Choice of Law; Jurisdiction. This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of Colorado, without regard to its choice of law rules. You agree that the state or federal courts sitting in Denver, Colorado shall have exclusive jurisdiction to hear any dispute arising under this Agreement.

(b) No Waiver. Provider's failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.

(c) Severability. If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

(d) Modifications. Modifications to this Agreement by Provider shall be in full force and effect after 30 days notice to you and upon your continued use of the Service thereafter.

(e) Survival. The provisions of this Agreement relating to confidentiality, warranties, and indemnification shall survive any termination or expiration of this Agreement.

(f) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.