Facebook blue 512 87cce93a6298f19d284ad0d9c888ff7006294b9510668411de32ae68ee67bbf6 Twitter blue 256 6615531d060ad928bb19ced20a39aa1a1a2e595418199a12cd980b8a54a84b3f

Terms of Use

Welcome to this website (this “Site”), which is owned and operated by GiveNext LLC, a Ohio limited liability corporation having its principal place of business located at 3558 Lee Road, Shaker Heights, OH, United States, 44120 (“GiveNext”). PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using this Site and/or the products and services (collectively, the “Services”) found at this Site, you signify that you have read, understand, acknowledge, and agree to be bound by the following terms and conditions (“Terms of Use”). You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Site and may not accept these Terms of Use if you are not of legal age to form a binding contract with GiveNext. If you do not agree to these Terms of Use, you may not use this Site. The terms “we”, “us” or “our” shall refer to GiveNext. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Payment Platform

GiveNext uses Balanced as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By buying or selling on [Marketplace] you agree to be bound by Balanced’s Privacy Policy: https://www.balancedpayments.com/privacy and hereby consent and authorize [Marketplace] and Balanced to share any information and payments instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.

Pricing

Rather than charge a percentage of the transaction, GiveNext charges a small flat fee when a gift is made (about the cost of a mail solicitation) in addition to the credit card processing fee. We also seek out the lowest credit card fees available. All fees and pricing are subject to change.

Use of Content

All information, materials, functions and other content ("Content") contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site.

Customer Data

You shall be solely responsible for the quality and accuracy of all data that you enter into the Services. Except as otherwise provided in this Agreement, as against GiveNext, such data shall be your sole property. We respect and honor the confidentiality of your data, including donor information, financial information, member data, etc. Accordingly, GiveNext will exercise reasonable care to (i) keep all data pertaining to you and stored in the Services private and (ii) not disclose such data to anyone except employees, agents, and contractors of GiveNext who need to know the same in order to facilitate the performance of their duties. GiveNext will exercise reasonable care in the protection of your data and will maintain reasonable data integrity safeguards against the deletion or alteration of your data. If any data is lost or destroyed because of any act or omission of GiveNext or any noncompliance with GiveNext’s obligations under this Agreement, then GiveNext will, at its own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. GiveNext will store and safeguard storage media containing your data when in the custody of GiveNext. You acknowledge and accept that the Services will be unavailable when GiveNext is backing up data or undergoing regular system maintenance.

Improvements

GiveNext may update or otherwise modify the Services at any time for any reason in GiveNext ‘s sole discretion. GiveNext may shut down the Services for maintenance and development work when necessary. You acknowledge that you are familiar with the Services’ functions, and that the Services are sufficient without modification to meet Your requirements. GiveNext shall have no obligation whatsoever to customize, modify or improve the Services.

GiveNext shall be the sole and exclusive owner of the Services, all materials in respect of the Services supplied to You, all new versions, improvements, enhancements, additions and modifications to the Services or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Services and such materials, and all tangible media on which the Services and such materials are maintained. You shall have no claim or right whatsoever in respect of the Services except for the limited license to use the Services granted herein and the return of Your data on the Services as provided herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, any materials in respect of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If you undertake any such prohibited action, Your license shall be automatically terminated.

Rules of Conduct

You acknowledge and agree that:

  • You will not use the Site or Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

  • You will not publish, post, upload, distribute or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Services.

  • You will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, image, material or information.

  • You will not publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

  • You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

  • You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.

  • You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • You will not restrict or inhibit any other authorized user from using and enjoying the Site and Services.

  • You will not violate any applicable laws or regulations.

  • You will not create a false identity for the purpose of misleading others.

Disclaimers

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.