Terms Of Service (End-user License Agreement)
By downloading, installing or using the Software ("Software") or any portion thereof, you agree to the terms and conditions of this End-User License Agreement (“Terms”).
THIS IS A LICENSE AGREEMENT BETWEEN YOU AND CHARITYFUSION.COM, LLC. ("CHARITYFUSION"). PLEASE READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON (OR ANY SIMILAR BUTTON WHICH INDICATE YOUR CONSENT TO THESE TERMS), YOU AGREE TO BE BOUND BY THESE TERMS. YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE EXIT THE INSTALLATION PROCESS. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE ("YOU") AND CHARITYFUSION, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
General
CharityFusion provides an on-demand website syndication platform (the "CharityFusion Platform") that enables Online publishers (as defined below) to create, maintain and distribute branded Toolbars (as defined below) and additional content and technologies. The CharityFusion Platform is available at: http://toolbars.CharityFusion.com.
The Software includes a Toolbar (as defined below) that was created using the CharityFusion Platform by a Publisher that has contractually committed to: (1) abide by CharityFusion's Terms of Service including strict privacy and safety policies and (2) to protect your rights as a user of the Software.
Uninstall - You may uninstall the Software at any time without limitations, using the standard uninstall procedures as offered with your computer's Operating System or your Internet Browser. For example: to uninstall the Toolbar from your Internet Explorer do as follows: Open your computer's Control Panel then select "Add or Remove Programs", Find "Donation Toolbar" in the list of installed applications and click on it, Click on the "Change/Remove" button. To uninstall the Toolbar from your FireFox browser do as follows: Open FireFox and click on the "Tools" menu, Select "Extensions", Find "Donation Toolbar" in the list of installed extensions and click on it, Click on the "uninstall" button. For other examples please refer to the standard uninstall procedures offered with your computer's Operating System or your Internet Browser.
Definitions:
"Publisher" means an individual or entity that creates a Toolbar using the CharityFusion Platform. Such Publisher can make the Toolbar available for download on any domain and/or web site owned and/or operated by such Publisher or by a third party licensed by Publisher. The Toolbar is used by an internet user, such as You, who can download and install the Toolbar created by the Publisher.
"Toolbar" means a toolbar that was created using the CharityFusion Platform by a Publisher and includes different features and content, including (but not limited to): menus, labels, links, images, tool tips, gadgets, web content, radio, multimedia, detection of content/toolbars, alerts, hosted web pages related to the Toolbar, personalized pages, remote software updates, etc.
“Third-Party Content” means any, elements, components, technology or other types of content provided by third parties and available for your use in connection with the Toolbar.
License
The license applies to versions of the Software that are offered on any supported Operating System and integrated in any compatible Internet Browsers including (but not limited to): Internet Explorer, FireFox, and other supported Internet Browsers.
CharityFusion hereby grants to You a limited personal, non-exclusive, non-sub-licensable, non-assignable, royalty-free license to download, install and use the Software solely for personal, non-commercial purposes in order to enhance Your Internet browsing experience by being provided with relevant information, content and references displayed at Your internet browser and/or desktop and/or other applicable locations.
These Terms will also govern any Software upgrades provided by CharityFusion, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Ownership
All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, source code, trade secret rights and any other applicable intellectual property right, shall belong to CharityFusion or to its licensors as may be applicable. The license to the Software hereunder does not grant you any right to use the trademarks, service marks or logos of CharityFusion or its licensors.
All rights in the Third-Party Content that were added by the Publisher and/or You to the Software using the features available in the CharityFusion Platform (including without limitations in the Toolbar) may belong to the Publisher or to other third-parties as may be applicable. It is your responsibility to make sure that you comply with all such rights.
License Restrictions
You shall not modify the Software. You may only copy the Software, provided that all copyright and other notices are reproduced and included on the copy. You may not (1) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Software to a human-perceivable form, (2) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part, (3) remove or alter any trademark, logo, copyright or other intellectual property notice in or on the Software, and (4) commercially distribute, market, sub-license, resell or otherwise transfer the Software. You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. The Software is delivered in object code only.
You acknowledge and understand that CharityFusion may modify the functionality of the Software or the components at any time, and any third party that provides Third-Party Content contained in the Software may modify the functionality of such Third-Party Content.
You acknowledge and agree that during installation, You may be prompted by the Software to apply changes to your Internet Browser settings. Such changes may be approved by You in advanced and can be reconfigured by You at any time from the options menu available in your Toolbar and/or in configuration options available your Internet Browser. Such changes may include the following:
1. Change the default search engine in Your Internet Browser's built-in search box, if such a search box exists in your browser.
2. Change the default Homepage of your Internet Browser.
3. Add alternative "page not found" functionality.
4. Allow software updates of the Toolbar once a new version is released.
5. Enable search from the Address Bar of your Internet Browser.
Term
These Terms shall continue in effect perpetually, unless terminated earlier pursuant to the provisions herein. You may terminate these Terms at any time by permanently deleting from Your systems and/or destroying all copies of the Software in Your possession. CharityFusion may terminate these Terms and the license granted pursuant thereto if You breach any of these Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY", "PRIVACY AND LEGAL RIGHTS" and "MISCELLANEOUS" shall survive the termination of these Terms.
Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, CHARITYFUSION AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, IS FREE OF DEFECTS OR, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SOFTWARE FOR YOUR USE AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT WILL CHARITYFUSION AND ITS DIRECTORS, DISTRIBUTORS , LICENSORS, CONTRIBUTORS AND AGENTS COLLECTIVELY (“CHARITYFUSION”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, WORK STOPPAGE, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR COMPUTER FAILURE OR MALFUNCTION , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE CHARITYFUSION WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy and Legal Rights
Protecting Your privacy is very important to CharityFusion. The CharityFusion Platform is constantly monitored to maintain and enforce CharityFusion's Privacy Policies and CharityFusion contractually prohibits Publishers from violating the privacy rights of others while utilizing the CharityFusion platform. You acknowledge that You have read and approved the policies of CharityFusion posted from time to time at http://www.CharityFusion.com.
CharityFusion respects the legal rights of others, and we ask our Publishers do the same. We contractually prohibit our Publishers from using our platform to promote or distribute: illegal materials, materials protected by intellectual property rights, or offensive materials. CharityFusion maintains the exclusive right to determine if material is offensive.
Please note that It is your responsibility to download and install software only from Publishers You trust, whether browser add-ons, toolbars or any other software. CharityFusion is not responsible for content that is uploaded to the CharityFusion Platform by any Publisher or by any third party.
If You believe that Your legal rights have been infringed upon while using the Software, we encourage You to report it to us at Your earliest convenience (to report, please visit the "Legal" section at the CharityFusion website, at http://www.CharityFusion.com). As soon as we receive Your notification, we will, at our discretion, examine Your complaint and take the necessary measures to resolve it.
Miscellaneous
(a) These Terms constitute the entire agreement between CharityFusion and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of CharityFusion. (b) These Terms shall be governed by and interpreted under the laws of the State of Arkansas, without regard to conflicts of provisions. All actions relating to these Terms and the Software shall be brought in the competent court in the State of Arkansas. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (c) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (d) If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision of these Terms shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. CharityFusion reserves the right, at our discretion, to update or revise these Terms. (e) Except as required by law, the controlling language of these Terms is English. (f) You may not assign your rights under this Agreement to any party without CharityFusion consent.
No Responsibility for Online Affiliate Merchants
You agree that CharityFusion is not an agent of any Online Affiliate Merchant and that Online Affiliate Merchants operate independently of, and are not under the control of, CharityFusion with respect to the Service or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Online Affiliate Merchant will provide a commission for any particular transaction even where such transaction would appear to qualify for such donation under either CharityFusion or Online Affiliate Merchant statements. We are not responsible for the failure of any Online Affiliate Merchant to pay Commissions in accordance with the terms of that Online Affiliate Merchant’s offer. Further, your participation in offers or promotions of, or correspondence with, any Online Affiliate Merchant is solely between you and that Online Affiliate Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, Online Affiliate Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Service.
Qualified Online Purchase Donations
Online Affiliates. In the case of certain online Qualifying Companies ("Online Affiliates"), the Online Affiliates have agreed to pay us certain affiliate or referral fees when Members purchase goods or services from such Online Affiliates through our website and services. We agree to donate all or a portion of such affiliate or referral fee (as specified on our website for each particular Contributing Company) as a donation to your benefiting organization upon receipt of the associated affiliate or referral fee. No donation associated with any purchase from an Online Affiliate will be made until the associated affiliate or referral fee has been paid by such Online Affiliate to CharityFusion. For your convenience, we may post pending donations from Online Affiliates to your CharityFusion Member account prior to the payment of the associated affiliate or referral fee to CharityFusion. We reserve the right to reverse the posting of any donation in the event the applicable Online Affiliate does not timely pay to CharityFusion the associated affiliate or referral fee. CharityFusion reserves the right to change its offer with respect to the amount of the donation associated with any Online Affiliate at any time, but no such change will affect any Contributions earned prior to such change. We reserve the right to change any donation amount or terms if it is not a sustainable practice, which will be determined at the sole discretion of CharityFusion.
Shopping-related Donations. Whenever you shop at one of our Participating Merchant sites, a percentage of your purchase will be donated to your toolbars benefitting organization. The percentage differs for each merchant. For a list of percentage donations, see our Merchant List. In order for your purchase to generate a donation, you simply type their website address of the store in your browser as you normally would. The toolbar will recognize you as a Toolbar member and will make sure your purchases generate donations. By accepting this End User License Agreement you are confirming that you agree to this service and would like to have your purchases at the participating online merchants generate donations with the toolbar.
Content Linked to by CharityFusion Toolbar Search
The sites displayed as search results or linked to by CharityFusion Toolbar Search Services are developed by people over whom CharityFusion exercises no control. The search results that appear from CharityFusion's search engine partner's indices are indexed by CharityFusion's search engine partner's automated machinery and computers, and CharityFusion cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using CharityFusion Toolbar Search Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a CharityFusion Toolbar search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the CharityFusion Services.
You may not send automated queries of any sort to CharityFusion's Toolbar Search system. Note that "sending automated queries" includes, among other things:
- "Meta-searching" CharityFusion’s Toolbar search
- Performing "offline" searches on CharityFusion’s Toolbar search.
Prohibited Uses
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any Search Results, Links and/or Ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software, multiple searches in a row that do not result in a click, searches originating from a machine. CharityFusion reserves the right to determine which searches are qualified.
Program Participation by Nonprofits
Participation in the Program is subject to CharityFusion prior approval. CharityFusion reserves the right to refuse participation to any organization, including nonprofits and schools, at any time in its sole discretion for any reason.
Each listed organization will receive a proportion of the sum we allocate to charity equivalent to the proportion in which its supporters use the website relative to the supporters of other listed charities.
CharityFusion intends to donate one cent per qualified search, however, we reserve the right to change this amount at any time at our sole discretion should this amount not be sustainable.
CharityFusion will send each organization a check once a quarter providing the organization has accrued $10 or more. If the organization has earned less than $10, the funds will be held until the organization has earned the $10 minimum and will be sent to the organization at the end of that quarter.
In no event will CharityFusion make payments for any earned balance less than $10.
Notwithstanding the foregoing, CharityFusion shall not be liable for any payment based on any amounts which result from invalid queries or invalid clicks on ads generated by any person, bot, automated program or similar device, as reasonably determined by CharityFusion, including without limitation through any clicks or impressions originating from your IP addresses or computers under your control.
To ensure proper payment, organizations are solely responsible for providing and maintaining accurate contact and payment information associated with their account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Organizations agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Program. CharityFusion may change its pricing and/or payment structure at any time. If you dispute any payment made under the Program, you must notify CharityFusion in writing within thirty (30) days of any such payment; failure to so notify CharityFusion shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by CharityFusion. No other measurements or statistics of any kind shall be accepted by CharityFusion or have any effect under this Agreement.
Privacy Policy
Changes in Terms and Conditions and CharityFusion Toolbar Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
CharityFusion disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CharityFusion search services results. CharityFusion disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CharityFusion disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the CharityFusion services.
THE CHARITYFUSION SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE CHARITYFUSION SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CHARITYFUSION AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CHARITYFUSION AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CHARITYFUSION SERVICES. CHARITYFUSION AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE CHARITYFUSION SERVICES. CHARITYFUSION AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CHARITYFUSION SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CHARITYFUSION SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE CHARITYFUSION SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CHARITYFUSION SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CHARITYFUSION OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CHARITYFUSION SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CHARITYFUSION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CHARITYFUSION SERVICES, FROM INABILITY TO USE THE CHARITYFUSION SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CHARITYFUSION SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CHARITYFUSION SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CHARITYFUSION SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CHARITYFUSION SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CHARITYFUSION SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CHARITYFUSION SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CHARITYFUSION SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall CHARITYFUSION or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by CHARITYFUSION.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY IT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.
