Terms of Service

SWTF User Accounts.  SWTF 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 an SWTF 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 SWTF, you will need to choose a password to access the SWTF Services. You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorized persons access to your password. If you become aware of any unauthorized use of your password or other security breach, notify SWTF immediately.

 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.

 COPYRIGHT. All content on this Site is owned by SWTF, the partners registered with SWTF 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 SWTF and, where applicable, the copyright holder. Inquiries and permission requests support at support@simplewaytofundraise.com.

SWTF Material. SWTF and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by SWTF 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 SWTF pursuant hereto.

TRADEMARKS. The names SWTF, simplewaytofundraise.com, the SWTF 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 SWTF, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit SWTF. Other trademarks, service marks or logos that appear on the Site or anywhere in the SWTF service is rendered, in particular (but not exclusively) those registered with SWTF 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 SWTF and the trademark owner.

INFORMATION ON WEBSITE. Any information; ideas or opinions posted by Users of the SWTF Service or website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
• Harass, defame, intimidate or threaten another user;
• Interfere with another user’s rights to privacy;
• Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
• Post any material that is obscene, offensive or indecent;
• Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
• Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
• Advertise or sell any goods or services.

Donations; Our fees
If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to organizations are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the organization designated by you are charged on your credit card and paid to, and processed by, SWTF or its affiliates such organization’s behalf. Any payments of donations are FINAL AND NON-REFUNDABLE. The donations will be held in a SWTF bank account until such time as SWTF forwards the donations to a designated pay pal account. SWFT forwards donations to the organization at intervals as determined by SWTF and the organization. Your donations to the organization designated by you will be net of fees as designated in Section 1(b)(iii). This fee structure is subject to change from time to time at the sole discretion of SWTF. Users agree not to use an invalid or unauthorized credit card in making transactions on the SWTF 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 you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

PAYMENTS; TAXES. Donors will pay the online Donations by credit card to SWTF as your Agent. The fees deducted by from the online Donations pursuant to Section 1(b)(iii)(A) and (B) will be paid to SWTF at the time of the transaction. Payment to the designated organization pursuant to Section 1(b)(iii) above will be made either (a) monthly payments will be made from one pay pal account to the other (b) no less frequently than quarterly if the funds due are less than $100.00. Payments will be sent on or about the 5th of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of SWTF. Organization users will be responsible for taxes based on its net income or gross receipts.

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 in the form set forth at http://www.simplewaytofundraise.com; (iii) comply with any technical specifications, rules of operation or security procedures set forth by SWTF 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.

SWTF Responsibilities to Users. In accordance with terms and conditions contained herein, if you are a User, SWTF will perform, and You authorize SWTF to provide as Your agent and on Your behalf, the following services (the Services). SWTF will (i) be paid and process online donations (online Donations) made by individuals or entities (Donors) through SWTF Service; (ii) comply with the Privacy Policy in the form set forth at http://www.simplewaytofundraise.com, (iii) hold the funds received through online Donations in an SWTF bank account; (iv) remit funds to the designated party electronically to the bank account the online Donations, less (A) a service fee of 15% of online donations collected via the SWTF service 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 SWTF and (v) send a thank you email and transaction receipt to Donors. SWTF also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the SWTF Service. SWTF will make available to organization users (i.e., an individual authorized by a 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.

REPRESENTATIONS AND WARRANTIES; DISCLAIMERS. Use of this Service is at your sole risk. SWTF provides the tools, the Site, and the services on an “As Is”, “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. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent

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 SWTF 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 SWTF to include Your name and logo in a press release, case studies or other announcements and on the SWTF Site. SWTF obtains no other right, title or interest in Your Materials except as set forth herein.

INDEMNIFICATION.

(a) Indemnity by SWTF. SWTF 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 SWTF 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 SWTF 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 SWTF 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 “indemnities”) shall promptly notify the other party (the “indeminator”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indeminator shall have sole control over the defense and settlement of such claim; provided that the indeminator (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 indeminator in the defense or settlement of such claim.

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.

 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 SWTF or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14 and 17 shall survive any termination or expiration of these terms and conditions.

USER CONDUCT. 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 SWTF tools and services.

LIMITATIONS ON LIABILITY

(a) SWTF 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 SWTF 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. SWTF 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 SWTF 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 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, SWTF disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if SWTF has been advised of the possibility of such damages) arising out of (i) your use of the SWTF Site and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided there under, and/or (iii) goods and services in any way associated with this Service and the services there under. The limitations of liability set forth in this Section 12 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.

Privacy Policy

1. The information we collect from you as a site visitor
SWTF collects information about the Internet Protocol (IP) addresses of all visitors to our site. An IP address is a number assigned to your computer automatically when you use the internet. This information is only collected in aggregate (in other words, we are not able to monitor your individual usage of the site) and helps us monitor site traffic patterns in order to improve our service.

This site uses cookies for some interactive features. A cookie is a small amount of data, which includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Most browsers will automatically accept cookies. You can set your browser to reject cookies but some parts of the web site may not function properly if the cookies are rejected.

2. The information we collect from you as a fundraiser or event registrant
When you create a secure personal account on SWTF for the purpose of creating a fundraising page or event registration, we collect your title, name, email address, your password.

3. The information we collect from you when you donate
If you donate on SWTF, we collect your first and last name, credit or debit card details (including card type, card number and expiry date) and billing address. We will only use your payment details for the purpose of processing your donation via our payment partner.

4. Email newsletters from SWTF
We will send you email newsletters; however you can opt-out at any time as all newsletters from SWTF include the option to unsubscribe.

5. Security precautions to protect your information
The transfer of online transaction data to and from the web site is protected by the implementation of a Secure Sockets Layer protocol. Our Verisign 128-bit secure certificate allows web browsers to verify the authenticity of our secure www.simplewaytofundraise.com domain and to communicate with our site securely, protecting confidential information from interception and hacking. It is your responsibility to keep your password secure at all times to avoid unauthorized use of your SWTF account.

6. Share-this-page services
When you provide a friends email address for SWTF to forward a web address, we guarantee that we will only use your friends address for this purpose.

7. Legal Process
Although unlikely, SWTF may be forced by law to provide personally identifiable information to the appropriate authorities.

8. Acceptance of our Privacy Policy
Use of the SWTF website and associated services implies acceptance of this Privacy Policy. If you are not satisfied with any aspect of it please do not continue to use the website and services. This policy may change from time to time and you are deemed to have accepted the current version each time you use simplewaytofundraise.com or any site powered by us.

If you have any questions about our Privacy Policy please contact us via email at support@simplewaytofundraise.com