Network for Good | Terms of Use

Welcome to this website (this “Site”), which is owned and operated by Network for Good, Inc., a Delaware non-stock corporation recognized as a nonprofit, public charity under sections 501(c)(3) and 509(a)(1) of the Internal Revenue Code, having its principal place of business located at 7920 Norfolk Avenue, Suite 520, Bethesda, MD 20814 United States (“Network for Good”).

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 Network for Good. If you do not agree to these Terms of Use, you may not use this Site.

Note that special terms apply to some Services offered by Network for Good, like subscription-based services. These terms are posted in connection with the applicable service and below. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

The terms “we”, “us” or “our” shall refer to Network for Good. 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.

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. Requests for written consent may be made via email to media@networkforgood.org.

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 Network for Good, 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, Network for Good 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 Network for Good who need to know the same in order to facilitate the performance of their duties. Network for Good 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 Network for Good or any noncompliance with Network for Good’s obligations under this Agreement, then Network for Good will, at its own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. Network for Good will store and safeguard storage media containing Your data when in the custody of Network for Good. You acknowledge and accept that the Services will be unavailable when Network for Good is backing up data or undergoing regular system maintenance.

Improvements
Network for Good may update or otherwise modify the Services at any time for any reason in Network for Good’s sole discretion. Network for Good 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. Network for Good shall have no obligation whatsoever to customize, modify or improve the Services.

Network for Good 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.

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Network for Good’s designated agent, as follows:

Service Provider: Network for Good

Designated Agent: Katya Andresen

Full Address: 7920 Norfolk Avenue, Suite 520
Bethesda, MD 20814

Telephone: (240) 482-3208

Email Address: katya [dot] andresen [at] networkforgood [dot] org

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Network for Good may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

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).

The Services include online help functions and a “Frequently Asked Questions” section to assist You and Access Holders in the use of the Services. Network for Good currently makes customer support and services available at no cost to You, via telephone and email on weekdays between 9:00AM and 5:00PM Pacific time, excluding holidays that are recognized by Network for Good. However, the provision of such customer support and services is subject to change at any time without notice, in Network for Good’s sole discretion.

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.

GENERAL PROVISIONS

These Terms of Use shall be construed in accordance with the laws of the State of Maryland, without regards to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the state and federal courts in Maryland. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

We may suspend or terminate your account and your ability to use the Services, the Site, or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

This Agreement constitutes the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

EmailNow

The following special terms apply to the EmailNow service offered by Network for Good (“EmailNow”). These special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over the Terms of Use.

By accessing and using EmailNow, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms of Use and the following special terms. Furthermore, You agree that the EmailNow service will only be used by or for the benefit of non-profit organizations organized under Section 501 of the U.S. Internal Revenue Code of 1986, as amended.

EmailNow is a permission marketing and communication service, designed to facilitate email communication and interaction between your organization and people who are interested in receiving email correspondence from you. Your use of EmailNow carries a necessarily high standard of ethics and strict set of rules in order for both you and Network for Good to be compliant with the local, state, federal and international laws—as well as all pertinent guidelines and industry best practices—pertaining to use of email as a marketing and communication tool.

By using EmailNow to send emails to a recipient, you are representing to Network for Good that you have obtained permission to email that recipient. With that in mind, you agree to send emails only to those recipients who have a clear relationship with you and/or your organization or who have expressly indicated their desire to receive emails from you. Specifically, to receive emails from you, a recipient must meet one of the following criteria:

Recipient has signed up or otherwise asked to receive your emails, using a form that clearly indicates that by submitting his or her email address he or she will receive emails from you; and/or
Recipient has a clear relationship with you, as (a) a volunteer or member of your organization, (b) a donor, or (c) someone who has purchased a good or service from you within the past eighteen months.

You may not use the EmailNow Service in conjunction with email lists or addresses that have been purchased, rented, appended or otherwise obtained from a third party, or which have been collected using a script or other harvesting method, or which have been obtained without the email address owner's knowledge, or which were initially obtained more than 18 months ago and have not received any correspondence from you since that time.

Fees
You will pay Network for Good a set up fee and a recurring subscription fee. If you use the communication functions and exceed the monthly limit of emails per subscription you will pay additional fees set forth in Network For Good’s current pricing schedule. The amount of the set up fee and recurring fees are set forth on Network for Good’s current pricing schedule (less discounts, if applicable), which is subject to change, from time to time, in Network for Good’s sole discretion. You acknowledge that You have reviewed and agree to Network for Good’s current pricing schedule. Network for Good will track Your monthly use of the Services and charge You, on a recurring basis, for the costs incurred during the previous month.

Right to Terminate Access
Network for Good has no obligation to monitor the Communication Functions. However, Network for Good reserves the right to review materials posted to a Communication Function and to remove any materials in its sole discretion. Network for Good reserves the right to immediately terminate any Your or Access Holder’s access to any or all of the Communication Functions at any time, without notice, for any violation of the standards set forth above.

Term and Termination
Your access to the EmailNow Service will continue on a month-to-month basis until terminated. Network for Good shall have the right in Network for Good's sole discretion to immediately terminate your access to the EmailNow Service, upon written notice to You. You may cancel your subscription to the EmailNow Service by giving Network for Good at least thirty (30) calendar days prior written notice of such cancellation and the date on which the cancellation will be effective. Customers may contact support@networkforgood.org with the subject line such as “30 days notice” or “Cancellation request.”

EventsNow

The following special terms apply to the EventsNow service offered by Network for Good (“EventsNow”). These special terms are in addition to Network for Good’s Terms of Use, and in the event of a conflict, prevail over such Terms of Use.

EventsNow is offered by Network for Good through its corporate partner givezooks!, Inc.

By accessing and using EventsNow, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms of Use and the following special terms, and that you permit Network for Good to share your account information with givezooks! to enable your access to EventsNow. Furthermore, You agree that the EventsNow service will only be used by or for the benefit of a tax-exempt organization, or an organization otherwise eligible to receive tax-deductible contributions, as specified in Section 501 of the Internal Revenue Code (“IRC”).

Network for Good and givezooks! make no representations or warranties regarding the applicability of tax laws to you, such as your ability to receive tax deductions or other tax benefits in connection with donations made through the EventsNow service.

Privacy Policy
Access and use of EventsNow is subject to the privacy policy of givezooks!, Inc., which can be found at http://www.givezooks.com/site/about_privacy.

Fees
For each event ticket sale made through the EventsNow service, you will pay Network for Good a transaction fee of 5.5% of the ticket price plus $0.99 per ticket/donation. This transaction fee is subject to change, from time to time, in Network for Good’s sole discretion. You acknowledge that You have reviewed and agree to Network for Good’s current pricing schedule.

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