fundraise and get rewarded!

Terms of Service

Welcome to BenefitsOfGiving, an online fundraising platform that enables individuals to fundraise for the non-profit organization of their choice. We look forward to working with you. By using our Web site at www.BenefitsOfGiving.com (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("TOS"). These terms govern your access to and use of this website and various online tools and services that BenefitsOfGiving makes available to the "Users" of the BenefitsOfGiving service (the "Service").

1. RESPONSIBILITIES

(a) Your Responsibilities.

In accordance with terms and conditions contained herein, by accessing the Service, you agree to (i) be bound by the terms and conditions set forth herein, (ii) comply with the Privacy Policy set forth at www.BenefitsOfGiving.com/privacy; (iii) comply with any technical specifications, rules of operation or security procedures set forth by BenefitsOfGiving from time to time on the Service. From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.

Please be aware that YOU MUST BE AT LEAST 18 YEARS IF AGE TO make donations and utilize the services on this site without the express authorization of a parent or legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of a minor accessing the Service, it is your responsibility to determine whether any of the Service areas and/or Content should not be viewed by minors.

As a condition to using this site you agree that you are subject to the laws of the Illinois, in the United States of America and that any receipt or transmission of messages, solicitations or other transactions undertaken or transmitted through to BenefitsOfGiving's Service or website is deemed to occur in the United States, Illinois.

(b) BenefitsOfGiving's Responsibilities to Users.

In accordance with terms and conditions contained herein, if you are a USER, BenefitsOfGiving will perform, and You authorize BenefitsOfGiving to provide as Your agent and on Your behalf, the following services (the Services). BenefitsOfGiving will
(i) be paid and process online donations (online Donations) made by individuals or entities (Donors) through the BenefitsOfGiving Service;
(ii) comply with the Privacy Policy in the form set forth at www.BenefitsOfGiving/Privacy,
(iii) hold the funds received through online Donations in a non-operating bank account;
(iv) remit funds to the designated nonprofit or by check or electronically to the bank account the online Donations, less a service fee and credit card processing fee of 7.5% These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of BenefitsOfGiving, and
(v) send a thank you email and transaction receipt to Donors. BenefitsOfGiving will make available to nonprofit users (i.e., an individual authorized by a nonprofit organization whose supporters use the Site to raise money for such organization), online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online Donations to their organization along with amount of the online Donation.

(c) Follow up.

BenefitsOfGiving automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the BenefitsOfGiving Service. If the User provides a phone number, we may elect to call the user to offer help as well.

(d) BenefitsOfGiving User Accounts.

We make this Service available for use by the general public and nonprofit users, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organization and you will be given the option to create a BenefitsOfGiving account. In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account with BenefitsOfGiving, you will need to choose a password to access the BenefitsOfGiving services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to

(a) immediately notify BenefitsOfGiving of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. BenefitsOfGiving cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1(d).

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BenefitsOfGiving has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BenefitsOfGiving has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). BenefitsOfGiving is concerned about the safety and privacy of all its users, particularly children.

2. PAYMENTS; TAXES.

At no time does BenefitsOfGiving or its employees have access to credit card information from donors through payments on its Web site. The method of disbursing funds depends on our relationship with your organization, as described in the next paragraph.

The donors will pay the online donations by credit card to BenefitsOfGiving as your Agent. The fees deducted from the online donations pursuant to Section 1(b)(iii) will be paid to BenefitsOfGiving at the time of the transaction. USERS will pay their online donations to BenefitsOfGiving as their agent. USERS agree to pay BenefitsOfGiving a service fee of 7.5% for all online donations. The money donated by USERS will be held in an account for a maximum of thirty (30) days after the end of the event. Within thirty (30) days of the event's end, BenefitsOfGiving will send USERS' donation to the charity, organization, or individual via bank wire or company check, less BenefitsOfGiving's service fee of 7.5% for all online transactions made by USERS.

BenefitsOfGiving's fees are inclusive of all credit card processing and banking fees. These fees are subject to change at any time at the sole discretion of BenefitsOfGiving.

Within thirty (30) days of completion of donation transaction, BenefitsOfGiving will send USERS an e-mail acknowledgement indicating the amount donated and to the designated non-profit organization or independent cause. USERS agree and understand that while this document may serve as a guideline, it is not official documentation for tax purposes. For official documentation, it is USERS' sole responsibility to contact the non-profit organization or charity directly. BenefitsOfGiving will provide to the charities a list of the donors so that they may accurately provide records.

USERS agree and understand that the e-mail acknowledgement received from BenefitsOfGiiving may not be used for tax guideline purposes for donations made to organizations, groups, and/or individuals that are not non-profit.

3. DONATIONS TO NONPROFITS; OUR FEES

USERS agree and understand that it is their sole responsibility to ensure that they have selected the correct and valid non-profit organization to fundraise for or donate to. BenefitsOfGiving will provide a list of non-profits on its website which will only act as a guide in assisting USERS in selecting a non-profit to donate to. USERS agree and understand that it is their sole responsibility to investigate and validate the non-profit organizations, group, or individuals prior to donating. BenefitsOfGiving does not investigate or validate any non-profit organization, group or individual before posting them on its website.

All donations to non-profits, groups, or individuals are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the non-profit designated by USERS are paid to and processed by BenefitsOfGiving. All payments of donations are final and non-refundable. USERS agree not to use an invalid or unauthorized credit card in making transactions on the BenefitsOfGiving site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the USERS' payment card is proved. If USERS become aware of fraudulent use of their card, or if it is lost or stolen, it is USERS responsibility to notify the card provider in accordance with its reporting rules. Nonprofit users will be responsible for taxes based on its net income or gross receipts.

4. INFORMATION ON WEBSITE/USER CONDUCT

PART I

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BenefitsOfGiving, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BenefitsOfGiving does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Links to other web sites do not imply an endorsement of the materials disseminated at those web sites. Links to other web sites are provided by BenefitsOfGiving as a convenience to its users. BenefitsOfGiving is not responsible for the materials contained at any web site linked to this site. Under no circumstances will BenefitsOfGiving be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, lewd, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a BenefitsOfGiving official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose, which hereby is incorporated herein by reference;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or other securities exchange, any federal, local or state rules or regulations regarding contributions, security, piracy, copyright, indecency, disclosure, disparagement or other regulations having the force of law;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that BenefitsOfGiving may or may not pre-screen Content, but that BenefitsOfGiving and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, edit, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, BenefitsOfGiving and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. In this regard, you acknowledge that you may not rely on any Content created by BenefitsOfGiving or submitted to BenefitsOfGiving. Portions of this site may allow users to post their own material. The materials posted by users do not necessarily reflect the views of BenefitsOfGiving. By posting materials to the BenefitsOfGiving web site, you represent that you have all necessary rights in and to such materials.
You acknowledge, consent and agree that BenefitsOfGiving may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of BenefitsOfGiving, its users and the public; or
(f) retain, transmit and/or report data, contributions and requested related information to respond to local institutions to which a donation is being made by you, to comply with regulatory requirements and to aggregate collection for analysis purposes. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks, (b) retention on BenefitsOfGiving's, its agents' and donees' database for a period of time; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.

5. PARTNER SERVICES

Our website may provide links to third-party websites or services and may link you automatically to sponsors' or third party's websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.

6. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by BenefitsOfGiving or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

BenefitsOfGiving grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BenefitsOfGiving for use in accessing the Service.

(a) Trademarked Material.

You own all your Marks provided by you in connection with your use of this Service (collectively, "Your Materials"). You hereby grant to BenefitsOfGiving a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize BenefitsOfGiving to include Your name and logo in a press release, case studies or other announcements and on the BenefitsOfGiving Site. BenefitsOfGiving obtains no other right, title or interest in Your Materials except as set forth herein.

(b) BenefitsOfGiving Material.

BenefitsOfGiving and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by BenefitsOfGiving pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by BenefitsOfGiving pursuant hereto.

7. TRADEMARKS.

The names BenefitsOfGiving, BenefitsOfGiving.com, EnduranceClub, EnduranceClub.com, the BenefitsOfGiving logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not BenefitsOfGiving's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BenefitsOfGiving. Other trademarks, service marks or logos that appear on the Site or anywhere in the BenefitsOfGiving service is rendered, in particular (but not exclusively) those of nonprofits registered with BenefitsOfGiving are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both BenefitsOfGiving and the trademark owner.

8. COPYRIGHT.

All content on this Site is owned by BenefitsOfGiving, the nonprofits registered with BenefitsOfGiving, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services' content is permitted without the express prior permission of BenefitsOfGiving, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to support@BenefitsOfGiving.com.

9. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.

You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. BenefitsOfGiving and its affiliates, officers, employees, agents, owners, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. BenefitsOfGiving makes no representation as to whether all or any portion of the online Donations is tax deductible. BenefitsOfGiving will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.
c. BenefitsOfGiving and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that
(i) the service will meet your requirements;
(ii) the service will be uninterrupted, timely, secure or error-free or virus-free;
(iii) the results that may be obtained from the use of the service will be accurate or reliable;
(iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and
(v) any errors in the software will be corrected.
d. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
e. No advice or information, whether oral or written, obtained by you from BenefitsOfGiving or through or from the service shall create any warranty not expressly stated in the TOS.
f. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
g. BenefitsOfGiving makes no representations regarding the use, distribution, tax treatment of contributions made to charitable organizations through the service.h. BenefitsOfGiving uses third party vendor to process credit card transactions and BenefitsOfGiving shall have no liability for the use, distribution, and transmission of funds by/through such vendors or to any charitable organizations.

10. INDEMNIFICATION.

(a) Indemnity by BenefitsOfGiving.

BenefitsOfGiving agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the BenefitsOfGiving Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.

(b) Your Indemnity.

You agree to indemnify, defend and hold harmless BenefitsOfGiving and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by BenefitsOfGiving or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status as a nonprofit entity.

(c) Procedures.

A party seeking indemnification hereunder (the "indemnitee") shall promptly notify the other party (the "indemnitor") upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.

(d) Remedies.

This Section 10 states each party's entire obligation to the other party and such other party's sole remedy with respect to any claim of infringement.

11. LIMITATIONS ON LIABILITY

BenefitsOfGiving's liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by BenefitsOfGiving resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or (ii) your discontinuance of any further use of such items or the Service. BenefitsOfGiving shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 6); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if BenefitsOfGiving has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 10; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, BenefitsOfGiving disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if BenefitsOfGiving has been advised of the possibility of such damages) arising out of (i) your use of the BenefitsOfGiving Site and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.

12. FORCE MAJEURE.

Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.

13. TERM & TERMINATION

Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by BenefitsOfGiving or (ii) your ceasing to use the Service. You agree that BenefitsOfGiving may, under certain circumstances and without prior notice, immediately terminate your BenefitsOfGiving account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your BenefitsOfGiving account includes (a) removal of access to all offerings within the Service, including but not limited to BenefitsOfGiving Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in BenefitsOfGiving's sole discretion and that BenefitsOfGiving shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.

14. USER CONDUCT PART II (Cont from Section 6)

You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display or forward surveys, contests, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and BenefitsOfGiving tools and services.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BenefitsOfGivng and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the data and materials provided on the Service, in whole or in part, is strictly prohibited.

15. INTERSTATE NATURE OF COMMUNICATIONS ON BENEFITSOFGIVING NETWORK

When you register with BenefitsOfGiving, you acknowledge that in using BenefitsOfGiving services to send electronic communications, you will be causing communications to be sent through BenefitsOfGiving's computer networks, portions of which are located in Illinois, and other locations in the United States and portions of which may be located abroad.

16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17. CONTRIBUTIONS TO BENEFITSOFGIVING AND ENDURANCECLUB

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to BenefitsOfGiving through its suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BenefitsOfGiving is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BenefitsOfGiving shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BenefitsOfGiving may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BenefitsOfGiving without any obligation of BeneiftsOfGiving to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BenefitsOfGiving under any circumstances.

18. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website or the Service (including your BenefitsOfGivng ID), use of the Service, or access to the Service. 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 BenefitsOfGiving without express written consent. Any unauthorized use terminates the permission or license granted by BenefitsOfGiving.

19. MODIFICATIONS TO SERVICE

BenefitsOfGiving reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BenefitsOfGiving shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

20. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BenefitsOfGiving shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

21. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BenefitsOfGiving has no control over such sites and resources, you acknowledge and agree that BenefitsOfGiving is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you receive a message from any unknown individual(s) or other information from the Service that looks suspicious, do not respond or make any donation or provide any personal information before investigating the situation and confirming for yourself that the sender and request are legitimate. As with any unsolicited solicitation, due caution should be taken by the recipient. For this type of information particularly, the phrase "Let the user beware" is apt.

23. TRADEMARK INFORMATION

The BenefitsOfGiving logo trademarks and service marks and other BenefitsOfGiving developed logos and product and service names are trademarks of Benefits Of Giving, LLC (the "BenefitsOfGiving Marks"). Without BenefitsOfGiving's prior permission, you agree not to display or use in any manner the BenefitsOfGiving Marks. The information contained on this web site, or any other web site owned, operated, licensed, or controlled by BenefitsOfGiving, as well as the design and layout of such web sites, contains elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound, or image from this web site may be copied without the express written permission of BenefitsOfGiving.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

BenefitsOfGiving respects the intellectual property of others, and we ask our users to do the same. BeneifitsOfGiving may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at support@benefitsofgiving.com / BenefitsOfGiving / 744 N Chicago St. / Chicago, IL 60654.




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