Conditions Of Use - The Contract for Use of DonorMarket Services

Conditions of Use for DonorMarket.org

Welcome to DonorMarket.org. DonorMarket.org and its affiliates provide their services to you subject to the following conditions. If you visit or register at DonorMarket.org, you accept these conditions. Please read them carefully. In addition, when you use any current or future DonorMarket.org service or visit or purchase from any business affiliated with DonorMarket.org, whether or not included in the DonorMarket.org Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to DonorMarket.org, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit DonorMarket.org or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DonorMarket.org or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DonorMarket.org and protected by U.S. and international copyright laws. All software used on this site is the property of DonorMarket.org or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

DonorMarket.org and other marks indicated on our site are registered trademarks of DonorMarket,LLC. or its clients, in the United States and other countries. DonorMarket,LLC's trademarks and trade dress may not be used in connection with any product or service that is not DonorMarket, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DonorMarket, Inc. or its clients. All other trademarks not owned by DonorMarket, Inc. or its clients that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DonorMarket, Inc. or its clients.

LICENSE AND SITE ACCESS

DonorMarket, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DonorMarket, Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any event listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another organization; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from DonorMarket, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DonorMarket.org and our clients without express written consent. You may not use any meta tags or any other "hidden text" utilizing DonorMarket.org's name or trademarks without the express written consent of DonorMarket.org. Any unauthorized use terminates the permission or license granted by DonorMarket.org. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DonorMarket.org so long as the link does not portray DonorMarket.org, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DonorMarket.org logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your administrative account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your administrative account or password. DonorMarket.org does handle event registration for children, but it offers it to adults, who can purchase with a credit card. If you are under 18, you may use DonorMarket.org only with involvement of a parent or guardian. DonorMarket.org and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel registrations in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DonorMarket.org reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant DonorMarket.org and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DonorMarket.org and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DonorMarket.org or its affiliates for all claims resulting from content you supply. DonorMarket.org has the right but not the obligation to monitor and edit or remove any activity or content. DonorMarket.org takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

DonorMarket.org and its clients respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All events registered through DonorMarket.org are made pursuant to a registration contract between you and the organization. This means that the risk of loss and title for such items pass to you upon registration.  See the DonorMarket Refund Policy for details.

EVENT DESCRIPTIONS

DonorMarket.org and its clients attempt to be as accurate as possible. However, DonorMarket.org does not warrant that event descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If an event offered on DonorMarket.org is not as described, your sole remedy is to contact the organization.

PRICING

Except where noted otherwise, the price listed for an event is the price quoted to us from the organization. Despite our best efforts, a small number of the events may be mispriced. If we discover a mispricing, we will do one of the following:

If an event's correct price was supplied to us by the organization, your sole remedy is through that organization.
If an event's correct price was supplied to us but the error was ours, we will, at our discretion, either contact you for instructions before the event or cancel your order and notify you of such cancellation.

PAYMENT POLICY

DonorMarket.org collects, as a service, fees for registrations, annual giving and membership. Those monies, minus discount fees and previously agreed-upon collection fees, will be directed to the organization within 30 business days from receipt from our credit card processor. DonorMarket, Inc. is not responsible for the delay in payments resulting from a delay from our processor. However, DonorMarket, Inc. will attempt to notify organizations if and when it is notified of any delay from that processor.

Unless otherwise agreed upon, DonorMarket.org will subtract any cancellations made through the site from the monies due the organization. DonorMarket.org is not responsible for the collection of cancellation fees without prior agreement.

OTHER BUSINESSES

DonorMarket.org provides services on this site to organizations who wish to offer online registration and use of a credit card. We provide links to the sites of our clients and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DonorMarket.org does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY DonorMarket.org ON AN "AS IS" AND "AS AVAILABLE" BASIS. DonorMarket.org MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DonorMarket.org DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DonorMarket.org DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DonorMarket.org ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DonorMarket.org WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting DonorMarket.org, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DonorMarket.org or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to DonorMarket.org or to events you registered for through DonorMarket.org shall be submitted to confidential arbitration in Wilmington, Delaware, except that, to the extent you have in any manner violated or threatened to violate DonorMarket.org's intellectual property rights, DonorMarket.org may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to DonorMarket.org. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS:
DonorMarket, Inc.
5714 Kennett Pike
Wilmington, Delaware 19807

http://www.DonorMarket.org

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DonorMarket.org's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DonorMarket.org and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.