Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CardPledge, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your CardPledge.com Account and Payment Forms. The Website provides a free service for creating and hosting payment forms for non-profit organizations. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the payment forms that you create. You must not describe or assign keywords to your payment forms in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CardPledge may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause CardPledge liability. You must immediately notify CardPledge of any unauthorized uses of your account or any other breaches of security. CardPledge will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Third-Party Agreements. The functionality of the CardPledge system is dependent upon the services of third-party Merchant Account providers that authorize and settle credit card transactions on behalf of merchants. Upon registering for a CardPledge.com account, you will be given instructions to apply for a merchant account with a supported third-party Merchant Account provider. The agreement between You and the Merchant Account provider is separate and distinct from this agreement and Cardpledge makes no representations or warranties as to such third-party Merchant Account providers. CardPledge will not be liable for any damages that arise from disputes between You and the Merchant Account provider.
- Responsibility of Contributors. If you create a payment form on the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content.
- Responsibility of Website Visitors. CardPledge has not reviewed, and cannot review, all of the content of the payment forms posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, CardPledge does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate. CardPledge disclaims any responsibility for any harm resulting from the use by visitors of the Website.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which CardPledge.com links, and that link to CardPledge.com. CardPledge does not have any control over those non-CardPledge websites and webpages, and is not responsible for their contents or their use. By linking to a non-CardPledge website or webpage, CardPledge does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CardPledge disclaims any responsibility for any harm resulting from your use of non-CardPledge websites and webpages.
- Copyright Infringement and DMCA Policy. As CardPledge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CardPledge.com violates your copyright, you are encouraged to notify CardPledge. CardPledge will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CardPledge will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CardPledge or others.
- Intellectual Property. This Agreement does not transfer from CardPledge to you any CardPledge or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CardPledge. CardPledge, CardPledge.com, the CardPledge.com logo, and all other trademarks, service marks, graphics and logos used in connection with CardPledge.com, or the Website are trademarks or registered trademarks of CardPledge. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CardPledge or third-party trademarks.
- Changes. CardPledge reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CardPledge may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. CardPledge may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CardPledge.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". CardPledge hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. CardPledge does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
- Limitation of Liability. In no event will CardPledge be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. CardPledge shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless CardPledge and its directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between CardPledge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CardPledge, or by the posting by CardPledge of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CardPledge may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.