Effective Date: Jan 1, 2007
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE GIVE
2 NETWORK PROGRAM (AS DEFINED BELOW) AND/OR USING THE give2network.com SITE. By participating
in the Give2Network Program and/or using the give2network.com site, you
signify your assent to these terms and conditions. If you do not agree to these
terms and conditions, please do not participate in the Give2Network program
or use the give2network.com site. Give2Network reserves the right, at our
discretion, to change, modify and/or to remove portions of their terms and conditions
at any time. You are agreeing to receive notification of modifications to this agreement
via the give2network.com site. If you continue to use the give2network.com
site and/or participate in the Give2Network Program following the posting of
any changes to these terms and conditions, your continued use or participation will
mean that you accept these changes and agree to be bound by the new terms. Please
check these terms and conditions periodically for changes.
Content Linked to by Give2Network
The sites displayed as linked to by Give2Network are developed by people over
whom Give2Network exercises no control. Using Give2Network may produce results
and links to sites that some people find objectionable, inappropriate, or offensive.
We cannot guarantee that a Give2Network search will not locate unintended or
objectionable content and assume no responsibility for the content of any site included
in any results or otherwise linked to by the Give2Network. Users who buy products
or services from any linked websites will be deemed to be customers of such linked
website. Give2Network disclaims any liability related to different rules and
regulations of linked websites.
Prohibited Uses
The Give2Network Services are made available for your personal, non-commercial
use only. You shall not, and shall not authorize or encourage any third party to
directly or indirectly impressions of or clicks on any Links and/or Ad(s) through
any automated, deceptive, fraudulent or other invalid means, including but not limited
to through repeated manual clicks, the use of robots or other automated tools, and/or
the unauthorized use of other toolbar optimization services and/or software.
Participation by Nonprofits
Participation in the program is subject to Give2Network prior approval. Give2Network
reserves the right to refuse participation to any organization, including nonprofits
and schools, at any time in its sole discretion. Give2Network is not liable
for paying any amounts which result from invalid clicks, and impressions on Ads
generated by any person or device under your control.
Restrictions
User is not authorized to make any representations or warranties to a participating
organization regarding the contributions or the Give2Network Program. The contributions
are made by Give2Network and are not tax-deductible by User.
Intellectual Property Policy
The trademarks, logos and services marks ("Marks") displayed on the Give2Network
Site are the property of Give2Network and other parties. Users are prohibited
from using any Marks for any purpose without the written permission of Give2Network
or such third party which may own the Marks. All information and content including
any software programs available on or through the give2network.com Site ("Content")
is protected by copyright. Users are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative works
or using any Content available on or through the give2network.com Site for commercial
or public purposes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Give2Network OR ITS LICENSORS BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Give2Network
SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF Give2Network OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE Give2Network SERVICES, FROM INABILITY
TO USE THE Give2Network SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE Give2Network SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Give2Network OR RECEIVED
THROUGH ANY LINKS PROVIDED BY Give2Network, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON Give2Network OR RECEIVED THROUGH
ANY LINKS PROVIDED BY Give2Network. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF Give2Network OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, Give2Network. SUCH LIMITATION SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
TO THE FULLEST EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
Give 2 Netowrk disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the Give2Network results. Give2Network
disclaims any responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. Give2Network disclaims any
responsibility for any harm resulting from downloading or accessing any information
or material on the internet.
Give2Network, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED
IN THE Give2Network SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
Give2Network AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED
BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. Give2Network AND ITS LICENSORS DISCLAIM ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Give2Network
SERVICES. Give2Network AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH Give2Network. Give2Network AND ITS LICENSORS
DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
Give2Network OR RECEIVED THROUGH ANY LINKS PROVIDED BY Give2Network, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY Give2Network.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF Give2Network AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Privacy Policy
Please see Give2Network’s
privacy policy.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the
laws of the State of California, without giving effect to its conflict of laws provisions
or your actual state or country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the Terms of Service will be effective only if in writing
and signed by Give2Network.
Participation of Nonprofits
Each active group will receive money based on the usage of the Google search on the group’s home page,
and the amount of purchases made through participating merchants when linked by group home page.
Give2Network donates at least 50 percent of revenues to nonprofit groups.
Give2Network will send each active group a check twice a year providing the organization has accrued $20 or more.
If the organization has earned less than $20, they will have up to one year to accumulate this minimum before the funds
will be allocated on a pro rata basis to those organizations which have met the minimum payment requirement.
In no event will Give2Network be obligated to make payments for any earned
balance less than $20. Notwithstanding the foregoing, Give2Network shall not
be liable for any payment based on any amounts which result from invalid queries
or invalid clicks on ads generated by any person, bot, automated program or similar
device, as reasonably determined by Give2Network, including without limitation
through any clicks or impressions originating from your IP addresses or computers
under your control.
When an organization is inactive, but is accumulating contributions through searches
and purchases, the organization has 60 days from the last day of the quarter where
the initial contributions were earned to activate to receive said contributions;
otherwise the group forfeits all rights to these contributions. An active group
is defined as a non-profit organization that has accepted the Program Terms, assigned
a coordinator, and meets criteria for enrollment.
To ensure proper payment, organizations are solely responsible for providing and
maintaining accurate contact and payment information associated with their account.
Any bank fees related to returned or cancelled checks due to a contact or payment
information error or omission may be deducted from the newly issued payment. Organizations
agree to pay all applicable taxes or charges imposed by any government entity in
connection with their participation in the Program. Give2Network may change
its payment structure/terms at any time and will post any changes on the Program
Terms. If you dispute any payment made under the Program, you must notify Give2Network in writing within fifteen (15) days of any such payment; failure to so notify
Give2Network shall result in the waiver by you of any claim relating to any
such disputed payment. Payment shall be calculated solely based on records maintained
by Give2Network. No other measurements or statistics of any kind shall be
accepted by Give2Network or have any effect under this Agreement.
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