Description of Service:

We provide a way to donate to the community, volunteer within the community, and online payment processing applications (“service” or “services”). You may use the services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the services using any Internet browser or mobile application supported by the services. You are responsible for obtaining access to the Internet and the equipment necessary to use the services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

 

Modification of Terms of Service: 

We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days' advance notice of the changes by email to your primary email address. You may terminate your use of the services by providing Toysfortexans.org notice by email (within 30 days of being notified) if the Terms are modified in a manner that substantially affects your rights in connection with the use of the services. Your continued use of the service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

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User Sign-up Obligations: 

You need to sign up for a user account by providing all the required information to access or use the services. If you provide any information that is untrue, outdated, or incomplete, or if Toysfortexans.org has reasonable grounds to suspect that such information is untrue, outdated, or incomplete, toysfortexans.org may terminate your user account and refuse current or future use of any or all of the services.

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Personal Information and Privacy:

The personal information you provide to toysfortexans.org through the service is governed by toysfortexans.org Privacy Policy. Your election to use the service indicates your acceptance of the terms of the toysfortexans.org Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to toysfortexans@gmail.com. We are not responsible for any loss or damage to you or any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

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Communications from ToysforTexans.org

The service may include certain communications from ToysforTexans.org, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the services. As part of our policy to provide you total privacy, we also provide you the option of opting out of receiving newsletters from us. 

 

Fees and Payments:

Payments are nonrefundable as we must allocate resources for your guaranteed use of the services.

From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan.

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Restrictions on Use:

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the services or otherwise make them available to any third party; (ii) provide any service based on the services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ToysforTexans.org; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

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Illegal Activities and/or Spamming:

 You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism. You agree not to use the services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorized activity.

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Termination and Inactive User Accounts Policy:

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. For paid user accounts, we will terminate user accounts that are delinquent for a continuous period of 21 days past the last payment due date. In the event of any termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination, and you can backup your data by using the service(s) or we can provide a backup of your data in electronic format for a fee equal to two (2) months of service or $250.00, whichever is higher, or you can elect in writing to have NonprofitExpert.com keep your data protected on our servers without access rights for a stated period for 1/2 of your fee minus additional support or other modules that you are no longer using. The data deletion policy may be implemented concerning any or all of the services. Each service will be considered an independent and separate service to calculate the period of inactivity. In other words, activity in one of the services is not sufficient to keep your user account in another Service active. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

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Confidential Information: 

Neither party will disclose, sell or transfer to any third party, other than for the performance of this Agreement, any Confidential Information of the other party without the express, prior written consent of the other party. Confidential information shall mean information including, without limitation, computer programs, code, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), and information marked “Confidential”, or if disclosed verbally, is identified as confidential at the time of disclosure but does not include information (1) generally known to the public, (2) already known to the party receiving the information, or (3) legally obtained from a third party without further duties of confidentiality. NonprofitExpert.com will use commercially available security software for encrypting the transmission of your Data. “Data” shall mean the data inputted by you, Authorized Users, or NonprofitExpert.com on your behalf to use the Services or facilitate your use of the services. You acknowledge that transmission of data over the Internet may not be secure, however, even after reasonable security measures have been taken.

 

Trademark:

Toysfortexans.org, ToysforTexans.org logo, the names of individual services, and their logos are trademarks of ToysforTexans.org. You agree not to display or use, in any manner, the ToysforTexans.org trademarks, without ToysforTexans.org’s prior written permission.

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Disclaimer of Warranties: 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. ToysforTexans.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ToysforTexans.org MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ToysforTexans.org, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

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Limitation of Liability:

YOU AGREE THAT ToysforTexans.org SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ToysforTexans.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

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Indemnification:

You agree to indemnify and hold harmless ToysforTexans.org, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the services, except where such use is authorized by ToysforTexans.org.

Where such use is authorized by ToysforTexans.org, ToysforTexans.org shall defend, indemnify and hold you harmless from any claims, costs, damages, judgments, and reasonable attorney’s fees resulting from or arising out of ToysforTexans.org’s material breach with its agreements with third parties provided that: (a) you promptly notify ToysforTexans.org of any event requiring indemnification promptly following your discovery of third party claims, promptly following the receipt of notice of the commencement of any action or proceeding; (b) ToysforTexans.org shall have sole control of the defense, and compromise and defend any third party action or proceeding in connection with which indemnification is sought, and (c) you shall cooperate with ToysforTexans.org concerning such defense and settlement. Finally, you shall have the right to participate at your own expense in any such action or proceeding.

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Arbitration:

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration by the commercial arbitration rules of the American Arbitration Association, or for any non-United States of America-based organizations, the Association for International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Pennsylvania, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ToysforTexans.org may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

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Suspension and Termination:

We may suspend your user account or temporarily disable access to whole or part of any service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to toysfortexans@gmail.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account at your request. In addition, we reserve the right to terminate your user account and deny the services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta service. You have the right to terminate your user account if ToysforTexans.org breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of the user account will include denial of access to all services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account.

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