Website Terms of Use
Welcome to the website operated by CharityEZ, Inc. (“CharityEZ,” “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of or access to the website and its associated content, as well as any other applications, platforms, or portals and their associated content where we may place these Terms (such online offerings and associated content being referred to collectively as the “Services”).
Your use of the Services is subject to these Terms and all applicable laws, rules, and regulations. Please read these Terms carefully and contact us with any questions. These Terms contain important provisions regarding your legal rights and obligations, as well as procedures for the resolution of disputes through arbitration. You are encouraged to scroll through these Terms and read them completely to the end.
By accessing the Services, you agree that you have read, understand, and agree to be legally bound by the Terms set forth below. If you do not agree to be bound by these Terms or if you are not at least eighteen (18) years of age, you may not access or use these Services.
These Terms may be modified by us at any time. You can review the most current version of these Terms at any time on our website at https://www.charityez.org/terms. In agreeing to these Terms, you are responsible for periodically checking for changes and/or updates to these Terms.
You acknowledge and agree that you have the legal power and authority to accept these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind such entity to the Terms, in which case the words "you" or "your" refers to such entity. To the extent these Terms conflict with any other documentation related to the Services, these Terms shall govern.
CharityEZ grants you a revocable, limited, non-sublicensable, non-transferable, nonexclusive license to use the Services solely for your internal business purposes only (subject to payment of any required fees as described in Section 2 below and subject to full compliance with these Terms). As between CharityEZ and you, all right, title, interest, and intellectual property in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with CharityEZ. You do not acquire any right, title, interest, or intellectual property in any of the Services or any of the content available through the Services by virtue of accessing or using the Services as permitted under these Terms.
For CharityEZ free charity users, You understand that CharityEZ may modify or discontinue the Services or any of its features at any time in its sole discretion. The Terms do not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services except in CharityEZ’s sole discretion.
For CharityEZ paid users, You understand that CharityEZ may the Services or any of its features at any time in its sole discretion. The Terms do not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services except in CharityEZ’s sole discretion.
No license to use or reproduce any trademarks, logos, or service marks included in the Services is granted to you by these Terms or otherwise. The trademarks, logos, and service marks displayed on the Services are protected, whether or not they are registered.
Any unauthorized use of content or information posted in the Services and any unauthorized reproduction, retransmission, or other use of any part of the Services may infringe our, or third parties’ copyrights, trademarks, privacy, publicity, or other rights and is expressly prohibited.
Title to the Services, and all rights with respect to the Services not expressly addressed in these Terms, including without limitation, all rights of reproduction, modification, distribution, display, disassembly, and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests are reserved to CharityEZ.
CharityEZ offers a limited free version of the Services. This limited free version is made available to qualified non-profits only. CharityEZ also offers an upgraded version of the Services for a fee. The upgraded version may be purchased by individual or business users who desire to access the Services, as well as qualified non-profits who wish to take advantage of the benefits offered through the upgraded version. The upgraded version is not free and requires the purchase of a subscription. Pricing for subscriptions may be found under the Pricing tab on our site and is subject to change. These Terms apply to your use of the Services, whether you are just visiting our site, using our free version of the Services, or using an upgraded version of the Services through a subscription that you have purchased from us.
All prices shown are in U.S. dollars. We will collect applicable sales tax for states for which we determine we have a duty to collect sales tax. If a subscription purchase is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Service offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice. We do not guarantee the availability of Services, and we reserve the right to refuse any subscription order.
Payment is due at the time of your order. You represent and warrant that any credit card information you supply to us is true, correct, and complete, and that charges incurred by you will be honored by your credit card company. By providing a credit card or other payment method that we accept, you further represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur in connection with your orders, including without limitation any applicable taxes and other charges. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies, (a) cancel or suspend your purchase, (b) make second and/or subsequent attempts to charge your payment method, and/or (c) use any other lawful means to collect payment on any outstanding amounts due to us. You agree to provide and keep current a valid payment method.
All transactions that you enter into through these Services are non-cancellable, and all payments are non-refundable. CharityEZ will not issue a refund once a payment has been made unless CharityEZ has received the payment in error.
In using our Services, you agree that you will not and will not permit any third party to:
You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Services without our prior written consent. You agree not to bypass measures we may use to prevent or restrict access to the Services.
You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, abusive, threatening, or obscene purposes, including the invasion of another’s privacy). You agree that you will comply with all laws related to your use of the Services.
By registering and creating an account on the Services, you agree to provide true, accurate, current, and complete information. You agree not to create an account using a false identity or if you have previously been removed or banned from the Services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your login information and password and, in such an event, to immediately change your password. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.
As our Services evolve from time to time, you may be able to submit certain types of user-generated content, such as messaging for display (“User Content”) in the Services or exporting such User Content through the Services. To the extent applicable, you will remain the owner of the User Content. By submitting User Content, you grant CharityEZ an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, and create derivative works as desired by CharityEZ to provide Services in connection with its operations.
By posting User Content, you represent and warrant that (a) you have the right to post the User Content, (b) that no third-party rights, laws, or regulations will be violated by such posting, (c) that you have the right to grant CharityEZ the rights granted herein, (d) the User Content is not harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable or offensive, and (e) the User Content does not make the security of the Services vulnerable in any way. You are solely responsible for your User Content. You acknowledge that CharityEZ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove or otherwise edit any User Content that is submitted through the Services.
As between you and CharityEZ, the Services and all software, databases, infrastructure, and content comprising the Services (other than User Content) including, without limitation, all associated trademarks, copyrights, text, software, graphics, photos, music, videos, and the like contained or inherent therein are owned by CharityEZ, its licensors, and third party providers and are subject to applicable trademark, copyright, and other intellectual property laws of the United States and foreign countries. The Services are provided for your personal and internal business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CharityEZ. CharityEZ reserves all rights not expressly granted in and to the Services.
Our Privacy Policy is available at https://www.charityez.org/privacy and governs the collection, use, and disclosure of all personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number, credit card or payment information, and any other information that can be used to identify or contact you. Our Privacy Policy is incorporated into these Terms. By agreeing to these Terms and using or accessing the Services you hereby agree to the collection, use, and sharing of such information in accordance with our Privacy Policy.
You agree that CharityEZ may send you messages, alerts, and other communications through the Services and through email, text message, and other similar means in accordance with the preferences you set. You agree to accept such messages and pay any applicable network access, data usage, or similar fees associated with delivery and receipt of such communications.
CharityEZ respects the valid intellectual property rights of others. We will respond to any allegations of copyright infringement with respect to content or materials on the Services in accordance with the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2) (the “DMCA”).
If you have reason to believe that content available through the Services infringes your copyright or the copyright of someone on whose behalf you are authorized to act, please send a notice by mail or email to the DMCA Designated Agent, whose contact information is listed below, requesting that the infringing material be removed. The notice must contain the following information:
Pursuant to the DMCA, our DMCA Designated Agent to receive notices and counter notices of claimed infringement is the CharityEZ system administrator, and they may be contacted as follows:
By Mail:
CharityEZ
Attn,: System Administrator
9850 S. 54th Street
Franklin, WI 53132
By E-mail:
admin@charityez.org
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization by a user of the Services. We also reserve the right to suspend or delete the account of any repeat offender.
CharityEZ may update these Terms at its sole discretion. If at any time you become no longer able or willing to comply with the current version of these Terms, you must stop using or accessing the Services. You acknowledge and agree that in such instance you are not entitled to any refund for any amounts paid or pre-paid in connection with the Services prior to termination of these Terms.
CharityEZ may apply patches, updates, and modifications to the Services at any time (each, an “Update”), and the Services may change after the application of an Update. CharityEZ may change, modify, suspend, or discontinue any aspect of the Services at any time. CharityEZ may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability. CharityEZ makes no representation that the Services will work on a particular operating system, web browser, version of a web browser, or device. You are responsible for having the necessary internet connections, operating systems, equipment, software (including a web browser, if applicable) and services for you to effectively access and use the Services.
These Terms are effective until terminated by CharityEZ. We reserve the right to terminate, restrict, or suspend all or part of your access to the Services, at any time, in our sole discretion, without prior notice to you, and without any liability to you; provided, however, that if you have paid us a subscription fee, we will refund a pro-rata portion of the subscription fee if we have terminated without cause and for our convenience. We reserve the right, at any time and in our sole discretion, to discontinue the use of the Services in whole or in part and prevent any person or entity from accessing the Services. If these Terms are terminated due to your violation of the Terms, we may prohibit you from re-registering or re-accessing the Services. Upon any termination of the Terms, you must permanently destroy all copies of materials and content relating to the Services in your possession or control. Upon termination of these Terms, your rights to use or access the Services will terminate immediately, and you must cease all use of the Services. The termination of these Terms will not affect our rights or your obligations arising under these Terms. In the event that you terminate or breach these Terms, you acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Services.
You agree to indemnify, defend, and hold harmless CharityEZ and its subsidiaries, affiliates, and each of their respective owners, officers, directors, agents, representatives, advisors, and employees (the “CharityEZ Parties”) from any and all claims, demands, causes of action, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with your use of the Services or violation of these Terms, including without limitation (a) your violation of any third-party right, including without limitation any copyright, patent, trademark, or other intellectual property right or right of privacy, (b) any claims that your use of the Services caused damage to a third party, and/or (c) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. CHARITYEZ FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not permit the exclusion of implied warranties, so some or all of the above exclusions in this Section may not apply to you. You may have other rights which vary by jurisdiction.
THE CHARITYEZ PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SERVICES. FURTHERMORE, THE CHARITYEZ PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES BY THIRD PARTIES, (b) ANY INTERRUPTION OR CESSATION OF COMMUNICATION TRANSMISSIONS TO, FROM, OR VIA THE SERVICES, (c) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (d) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT.
THE FOREGOING LIMITATION OF LIABILITY AND WAIVERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF CHARITYEZ OR ANY OF THE CHARITYEZ PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES CONNECTED WITH THE SERVICES, THEIR TOTAL LIABILITY IN AGGREGATE TOGETHER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (y) THE SUBSCRIPTION FEES PAID BY YOU TO CHARITYEZ DURING THE PRECEEDING TWELVE (12) MONTH PERIOD OR (z) ONE HUNDRED DOLLARS ($100.00). CHARITYEZ HAS SET ITS PRICING FOR THE SERVICES AT DISCOUNTED LEVELS IN RELIANCE UPON YOUR AGREEMENT WITH THESE LIMITATIONS AND LIABILITY, AND YOU ACCEPT THEM AS REASONABLE, VALID, ENFORCEABLE, AND BINDING UPON YOU. If you live in a jurisdiction that does not allow certain liability limitations or damages waivers described in this Section, some of these provisions may not apply to you.
Individuals under the age of 18 (“Minors”) are not permitted to use the Services without the supervision of a parent or legal guardian. Furthermore, CharityEZ does not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on or through the Site. If you learn that a Minor has provided CharityEZ with personal information without a parent or guardian’s permission, you agree to contact CharityEZ immediately.
The information made available through the Services is provided for informational purposes only and is not meant to be relied upon or acted upon as a substitute for the advice provided by experts or professionals in the industry, including financial professionals. You are encouraged to consult with an appropriate professional before making any financial or other important personal or business decisions.
If you and CharityEZ have not been able to resolve a dispute informally within thirty (30) days after both parties have received written notice of the dispute, you agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (the “JAMS Rules”). Unless both you and CharityEZ agree otherwise, the arbitration will be conducted in Milwaukee, Wisconsin. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
These Terms, the Services, and your relationship with CharityEZ shall be governed by the laws of the State of Wisconsin. . If for any reason this arbitration provision above is deemed invalid or unenforceable by a court of law, you hereby consent to the exclusive jurisdiction and venue of the Federal and State Courts located in Milwaukee County, Wisconsin, for all purposes in connection with any action or proceeding that arises out of or is related to the Terms, the Services, or our relationship with you. CharityEZ’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. In response to your acts, omissions, claims, demands, or a dispute, if CharityEZ makes the determination to enforce, defend, or protect its rights under these Terms, you agree to cover and reimburse CharityEZ for its costs and expenses in enforcing, defending, and protecting its rights (including, without limitation, reasonable attorneys’ fees, and expenses).
If any provision in these Terms is held to be invalid, unenforceable, or contrary to applicable law, such provision shall be construed, limited, or altered as necessary to eliminate the invalidity, unenforceability, or conflict with applicable law, and all other provisions of these Terms shall remain in effect.
You may not assign, sublicense, or transfer these Terms or any rights or obligations hereunder or in the Services without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms.
We shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil, or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm, or other like event, disruption or outage of third-party communications facilities or networks, acts of third parties, regulatory requirements, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control.
You agree that the Terms, combined with your act of using the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a written contract or signature. You further agree that you will not challenge the validity, enforceability, or admissibility of the Terms on the grounds that they were electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
If you have any questions or comments regarding this statement, please contact us from our contact us page.
These Terms set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms shall survive including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law and exclusive venue. Any waiver of or promise not to enforce any right under these Terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise
30380460.1