This agreement (the "Agreement") is entered into by and between you and fundingworks.org (W3Portals,LLC) regarding your use of fundingworks.org. By using fundingworks.org, you are entering into this Agreement with fundingworks.org and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service. Contact us if you have any questions and/or comments.
- Description of Service. fundingworks.org (the "Service") is a free service from fundingworks.org (the "Company") that offers unique tools enabling non-profit entities to raise funds. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Non-binding Commitments. The service allows fundraisers to set "goal sums" within a range of goal dates, and solicit them from donors. It is not responsible for any failure of donors to make promised payments. The service does not include payment processing, which it facilitates through Amazon.com, and such payments are subject to that entity's terms and conditions. It is also not responsible for the performance of the non-profits in executing projects funded.
- Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Children's Online Privacy. You must be 18 years of age in order to use this service as either a fundraiser or a donor.
- User Representations and Warranties. You represent and warrant that (a) all of the information provided by you to participate in the Services is correct and current; (b) if a fundraiser, you are currently in good standing with state and federal (IRS) authorities as a 501c3; (c) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. (d) Any materials posted by fundraisers on Project Pages shall be their own intellectual property, or appropriately licensed for its owner.
- Refusal of service; Termination; Suspension. The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
- Warranty. The Company does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. FUNDINGWORKS.ORG EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Damages. UNDER NO CIRCUMSTANCES WILL FUNDINGWORKS.ORG, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FUNDINGWORKS.ORG BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
- Indemnification. You agree to hold harmless and indemnify the Company, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- Liability. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against fundingworks.org and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
- Modifications to the Agreement. The Company shall have the right to modify the terms of this Agreement at any time. The new agreement shall be effective immediately.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- Exercise. The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
- Choice of Law; Jurisdiction. This agreement shall be interpreted in accordance with the laws of the State of Pennsylvania.
- Entire Agreement. This Agreement constitutes the entire agreement between fundingworks.org and you with respect to the subject matter hereof.