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Sagepoint Privacy Policy
Last Updated: Oct. 1, 2011
Thank you for visiting Sagepoint.com (the "Site"). At Sagepoint Solutions, LLC ("Sagepoint"), we are strongly committed to protecting your privacy and providing you with a safe online experience. In this regard, we have prepared this document to help you understand our privacy policy and practices and how we use personal information collected on the Site.
Please read this privacy policy before using the Site or submitting any personal information to us. By using the Site, you expressly accept and consent to the practices described in this privacy policy. Notice of any changes that materially affect the ways in which your personally identifiable information may be used or shared will be periodically posted in updates to this privacy policy. If you continue to use the Site after these notices of changes have been posted to the Site, you will be deemed to have consented to and accepted the changes.
Collection of Personal Information
Sagepoint offers a subset of services that do not require you to provide any personal information to us. In order to provide you with a full range of services, the following types of information may be collected:
Personally identifiable information, such as your name, e-mail address, postal code and time-zone are required for registration. Once registered you may voluntarily provide additional information including home address, zip code, date of birth, gender, preferences, interests and favorites for your user profile. While providing personal information beyond what is required at registration is optional, doing so will enable us to better tailor our services to meet your needs.
We do not solicit or knowingly collect and/or store personal information from anyone under the age of 13. If we obtain actual knowledge that we have obtained personal information about a user under the age of 13, we will immediately remove that user's account and delete any personal information regarding that user.
Activity, event, schedule, group, and other related information you enter will be stored on the Site and used as appropriate to manage the items you create. In order to invite others to events or notify them of sign-ups, schedules or other group information, you will need to submit an e-mail address for each recipient. This information will be used by Sagepoint to send your invitation or notification, reminders, and event-related messages, and to manage responses from your recipients. Recipient e-mail addresses will not be used for any other communications from Sagepoint unless the owner is already a registered member of the Sagepoint community. If an individual would like to opt-out of communications from Sagepoint, he or she may do so at any time by sending an e-mail requesting removal from such communications to info@sagepoint.com.
Payment (credit card) information may be required for some features and services. This information will be used solely for the purpose of completing your requested transactions and will not be retained on the Site for future transactions without your consent.
Users agree to not store personal, financial or other private information on the Site except in explicitly designated fields. Sagepoint is not responsible for non-publically available personally identifiable information stored in undesignated areas including but not limited to social security numbers, drivers license numbers, credit/bank card numbers, and transaction related confirmation numbers.
Information about your computer hardware and software may automatically be collected. This information may include: your IP address, browser type, domain names, access times, pages visited, features used and referring website addresses. This information is used by Sagepoint for the operation of the Site, to maintain the quality of the service, and to provide general statistics regarding use of the Site.
Information Related to Fundraisers
Information collected in association with fundraisers may include, among other things, the following:
To enable disbursement of funds, fundraising organizers may be required to provide a mailing address and/or electronic payment information. U.S.-based fundraising organizers and entities may also be required to provide tax-exemption or W-9 information. If collected, your tax-related information will be securely stored and used for tax-related reporting purposes only.
Users who donate to fundraisers will be required to provide an e-mail address which will be visible to the fundraising organizer.
Users who purchase sponsorships on the Site will have the opportunity to provide business, contact, and other information which will be visible to the fundraising organizer. If approved by the organizer and compliant with Sagepoint policies and procedures, the information may also be displayed to others users.
Use of Cookies
"Cookies" are small files that a website or its service provider transfers to your computer's hard drive through your Web browser. These files enable websites or service providers to recognize your browser and capture and remember certain information. Cookies cannot be used to run programs or deliver viruses to your computer. Personal information cannot be collected via cookies. However, if you previously provided personally identifiable information, cookies may be tied to such information. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Sagepoint may use cookies to provide convenient time-saving features such as bypassing the login screen ("Remember Me" functionality) and recalling select information so that you do not have to reenter it on subsequent visits to the Site. We may also use cookies or other methods to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better experiences and tools in the future.
Most Web browsers automatically accept cookies, but if you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Note, however, that if you turn your cookies off, some of our services may not function properly.
Use of Collected Information
Information we collect from you may be used in one or more of the following ways:
(1) To provide the services you've requested and to personalize your experience on the Site, including customized content and advertising; (2) To identify which features and capabilities are of most use to our user community or to ask for your opinions on what additional tools or services you
would most like to see on the Site; and/or (3) To improve your overall user experience including website performance, customer service, and ease of use aspects.
We do not sell, trade, or lease our user lists to third parties. However, aggregated, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. We may also contact you from time to time on behalf of external business partners about particular offerings that may be of interest to you. In addition, we may share information with governmental agencies during an investigation. We may also disclose personal information to respond to legal requirements, enforce our policies, respond to claims that content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
If you access the Site from a shared computer or a computer in an internet cafe, certain information about you, such as your User ID or activity on the Site, may also be visible to other individuals who use the computer after you.
Protecting Your Information
We are strongly committed to protecting your personal information and as such implement a variety of security measures to protect against unauthorized access, use or disclosure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. Please note that e-mail may not be encrypted and cannot be considered a secure means of transmitting sensitive information. Regardless of the precautions taken by you or by Sagepoint, "perfect security" does not exist on the Internet. Sagepoint cannot ensure or warrant the ultimate security of any information you transmit. However, when it is necessary to transmit personal information (such as credit card numbers) to other websites, the transmitted data is protected through the use of encryption and Secure Socket Layer ("SSL") technology. In the event that there is a breach, we will take immediate steps to resolve any resulting problems.
Disclosure of Information to Outside Parties
Data may be shared with third parties who assist us in operating the Site, conducting our business, or servicing you, so long as those parties agree to keep the information confidential. We will only release your information when doing so is required to comply with the law or to protect our rights, property, or safety or that of others.
Third-Party Websites
The privacy practices and policies set forth herein are for this Site only. Select places on the Site allow you to click on links to other websites including third party product, service, sponsor or advertisers' sites. These third party sites have separate and independent privacy policies. Please consult the privacy statements and policies of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting. Please be aware that we are not responsible for the content or the privacy policies or practices of other websites.
Visiting our Websites from Outside the United States
This privacy policy is intended to cover collection of information on the Site from residents of the United States. If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where the data protection and other laws may differ from those of your country.
Changes to our Privacy Policy
We may occasionally update this privacy policy. Changes will be effective as of the date posted at the top of this agreement. It is your responsibility to regularly check the Site to determine if there have been changes to the privacy policy and to review such changes. You are deemed to have consented to and accepted any changes to this agreement if you use the Site after the changes are posted to the Site.
Contacting Us
If you have any questions regarding this privacy policy, please feel free to Contact Us via e-mail at info@sagepoint.com or write to us at:
Sagepoint Solutions, LLC
14900 Avery Ranch Blvd, Suite C200
Austin, TX 78717
RECENT UPDATES TO THIS AGREEMENT
October 1, 2011: Added information relating to fundraising features.
Email Address: |
Sagepoint makes life easier for busy parents and organizers by simplifying everyday planning and fundraising. Our free online organizer includes flexible sign-up sheets, schedules, calendars, event and group tools that anyone can use. Spirit Ad™ fundraisers make it easy for anyone to raise money, help others, and build community all at the same time.
Whether you are coordinating school, faith, work, or neighborhood activities, organizing events, volunteering for youth, community or non-profit groups, fundraising, supporting causes, pursuing personal interests, growing a business, or simply spending time with family and friends, the goal of Sagepoint is to help you spend less time organizing your activities and more time enjoying them.
Sagepoint is provided by a group of parents and friends who in addition to caring for children, families, and pets, have spent countless hours volunteering in their communities, helping others, and developing technology solutions.
We welcome your ideas, suggestions, and comments regarding the site. To contact us, send e-mail to
info@sagepoint.com or write to us at:
Check out our blog at www.sagepointers.com and share your ideas for making life easier. Thank you for taking the time to learn about us. We hope you find the site useful.
Commissions/revenue share will be paid to users for the Spirit Ad® sales associated with their event/campaign according to the following schedule.
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*Sales through Sagepoint for a particular event/campaign. Groups keep 100% of sponsorship payments made directly to their organization and can use Spirit Ad® features free of charge to recognize those sponsors.
Advertising Fee: 7% of Donations/Payments collected through Sagepoint will be retained as an advertising fee.
For additional information on Spirit Ad™ campaigns, click here.
Click on the categories below to see example sign-up sheets, schedules, and invitations.
Parties & Potlucks | Volunteers | Donations |
Schedules | Groups & Gatherings | Other Sign-Ups |
Below is a list of Help Topics to assist with your usage of the Sagepoint site. You can quickly navigate to each section by clicking on the links below.
General Information | Account & Profile | Contact List |
Home - Dashboard | Calendar | Events & Sign-ups |
Creating Events | Managing Events | Responding to Events |
Reminders | Schedules | Groups |
Fundraising | Other |
Sagepoint Solutions, LLC Terms and Conditions
AGREEMENT BETWEEN USER AND Sagepoint Solutions, LLC
This agreement is effective upon acceptance in registration for new registering Users, and is otherwise effective on February 24, 2013 for all Users.
I. Introduction
Welcome to the user agreement for Sagepoint Solutions, LLC ("Sagepoint"). The following user agreement outlines the terms on which Sagepoint allows you access to and use of our products and services. Sagepoint.com (the "Site") is comprised of various web pages operated by Sagepoint located at http://www.sagepoint.com. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access our services.
You may use the Site as a "Visitor" (meaning that you browse and/or enter information on a web page on the Site) or as a "Member" (meaning you register, and check the "I Accept" box). The word "User" in these Terms of Service refers to both Visitors and Members. The Terms of Service ("Terms") set forth herein are a legally binding agreement between you and Sagepoint. By using the Site as a User, you: (a) agree to be bound by the Terms and the Privacy Policy, (b) represent and warrant that you are authorized to bind yourself and/or any entity on whose behalf you enter into the Terms, and (c) represent and warrant that any such entity agrees to be bound by these Terms. Your use of the Site constitutes your agreement and consent to all such terms, conditions, and notices contained herein. When you create an account on the Site, you expressly accept these Terms.
The Site is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 years of age, is unauthorized, unlicensed and in violation of the Terms. By using the Site, you represent and warrant that you are 13 years of age or older and agree to abide by all of the Terms of this agreement. Notwithstanding the foregoing, if you are under the age of eighteen (18), you can use the Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, you may not use the Site.
II. MODIFICATION OF THE TERMS OF USE
Sagepoint reserves the right to change the Terms under which the Site is offered. If Sagepoint makes any material changes to the Terms, the effective date of any such change will be posted at the top of this agreement. Your continued use of the Site after any such change constitutes your express acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please do not use or access (or continue to use or access) the Site or any services offered thereon. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review any such changes.
Except as set forth above, this agreement may not be otherwise amended except in writing signed by you and an authorized agent of Sagepoint.
III. USER RESPONSIBILITIES
In using or accessing the Site, you agree that:
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto.
You are responsible for maintaining the confidentiality of your Site password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Sagepoint of any unauthorized use of your password or any other breach of security related to the Site. Sagepoint reserves the right to require you to alter your password if it believes that your password is no longer secure. You agree that Sagepoint will not be liable to you or any third party for any direct or indirect loss or damage whatsoever arising from or related to your failure to adequately safeguard your password.
When registering as a member of the Site, you will be asked for your name, e-mail address, postal code and time zone. Once registered, you may enter information in your User Profile and throughout the Site. You agree that any information you provide is true and accurate and that Sagepoint may use this information to provide you with service according to the provisions of the Sagepoint Privacy Policy. Sagepoint's Privacy Policy is expressly incorporated by reference into this agreement as if fully set forth herein. The Sagepoint Privacy Policy is readily available and may be accessed on the Site.
It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review such changes.
IV. USER SUBMISSIONS
Sagepoint does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission to the Site you are granting Sagepoint, its affiliated companies and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. All such rights are hereby expressly licensed to Sagepoint for such uses.
Sagepoint will not pay any form of compensation for the use of your Submission. Sagepoint is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Sagepoint's sole and exclusive discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights and title to your Submission, including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submission. Sagepoint is not responsible for any loss, infringement, theft, or damage of any kind to any Submission.
You are solely responsible for Submissions that you upload, publish, display, link to or otherwise make available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Submissions. Sagepoint takes no responsibility and assumes no liability for any Submissions that you or any other Users or third parties post or send over the Site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility. Sagepoint is not responsible for any public display, infringement, or misuse of your Submissions.
V. USER CONDUCT
Sagepoint reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Site. Your use of the Site is subject to all applicable local, state, federal and international laws, regulations, and ordinances.
In using the Site you agree not to post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, patent, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any materials that you do not have a right to transmit 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).
Impersonate any person or entity, including without limitation any officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Sagepoint endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather content or materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
Engage in any other conduct which, in Sagepoint's sole and exclusive discretion, is considered inappropriate, unauthorized or objectionable.
Please note that we have no control of the information provided by other Users that is made available to you through the Site. As a result, you may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that although we attempt to verify all Users, there are risks of dealing with underage persons or people acting under false pretense. By using the Site, you agree to accept such risks and agree that Sagepoint is not responsible for the acts or omissions of Users on the Site and that Sagepoint shall not be liable for any damages you may incur as a result of User Submissions.
VI. NO SPAMMING
You agree to not use any feature of the Site for chain letters, junk mail, or "Spamming" or to make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Sagepoint. If you use any feature of the Site for the purpose of sending Spam, your right to use the Site immediately terminates and Sagepoint reserves the right to seek appropriate legal recourse, as necessary. You agree that Sagepoint may, at its sole and exclusive discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that other users are using the Site for Spam, please notify Sagepoint using the Contact Us link at the bottom of our page, or by emailing Sagepoint at info@sagepoint.com. Please note that by setting items to be "Public" or making links available to the public you are consenting to receive, and authorizing Sagepoint to forward to you, emails from other Users. Such messages are not included in the above definition of Spam.
VII. USE OF COMMUNICATION SERVICES
The Site may contain message board services, chat areas, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Sagepoint has no obligation to monitor the Communication Services and shall not be liable for any damages whatsoever that may arise from your use of the Communication Services. Sagepoint reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and exclusive discretion. Sagepoint reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Sagepoint reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, ordinance, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Sagepoint's sole and exclusive discretion. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. Sagepoint is not liable for any direct or indirect damages caused by loss of operation of the Site.
VIII. USE OF FUNDRAISING SERVICES
Sagepoint provides Users with various tools and services to raise money collectively ("Fundraiser"). In providing these services, you acknowledge and agree that Sagepoint is an independent contractor and that except where explicitly stated, nothing contained in this agreement or elsewhere will be construed to create a partnership, joint venture, or agency between Sagepoint, Users who create a Fundraiser ("Organizers") Users who purchase sponsorships ("Sponsors"), Users who donate to a Fundraiser ("Donors"), or other Users ("Others"). Sagepoint does not guarantee the identity of Organizers, Sponsors, Donors, or Others. Without limiting the generality of the foregoing, you acknowledge and agree that Sagepoint is not liable for any claims, damages, causes of action, or liabilities arising out of or relating to the acts or omissions of any Organizers, Sponsors, Donors, or Others for the creation, execution, publication, display, distribution, completion or inability to complete a Fundraiser activity. Sagepoint is hereby expressly released from all such liability.
Users who use the Site as Organizers understand and agree to the following:
1. When setting up a Fundraiser, you will be required to enter a start and end date. Users will be able to respond, i.e. sponsor, donate, or sign up at any
time up until the end date. Unless deleted by you, your Fundraiser information will continue to display after the end date. However, Users will no longer be able
to respond once the end date has passed, i.e. they will be able to view and print information, but they will no longer be able to donate, sponsor, or sign up for
that Fundraiser. You may set up multiple Fundraisers for the same group or cause during a calendar year, i.e. fall and spring, quarterly, or monthly campaigns.
You may also operate an unlimited number of Fundraisers at the same time.
2. If on the Site or elsewhere, you represent your Fundraiser as being on behalf of a specific group or cause("Sponsored Entity") you represent and warrant
that you are an authorized representative of the Sponsored Entity with the full authority and approval to bind the Sponsored Entity to the Terms, that the
Sponsored Entity is the legal entity responsible for the Fundraiser and accountable for the use of any funds raised for it on the Site, and that you accept the
Terms on the Sponsored Entity's behalf.
3. You agree that funds earned will be used as described in the Fundraiser and will not be used for any other purpose. Any Fundraiser may be subject to
verification of your identity, the Sponsored Entity, the planned use of funds, and associated timeframes. If prior to disbursement of funds, Sagepoint makes a
good-faith determination that the identity of you, the Sponsored Entity, the planned use, or the timeline are not as identified in the Fundraiser or are
in violation of current law or regulations, your Fundraiser will no longer be viewable on the Site and any collected funds will be returned to Donors and Sponsors.
4. If a User submits Sponsor information to your Fundraiser("Sponsorship"), you agree to approve or deny the Sponsorship in a timely manner,
i.e. in 14 calendar days or less, but preferably within three calendar days. If the Sponsorship is denied, you will provide the Sponsor a reason for the denial.
Any Sponsorship that is not approved within 29 calendar days will automatically expire. You will only receive payments based on approved Sponsorships.
5. In addition to on-line features provided by the Site, you may offer additional non-monetary benefits to Donors and Sponsors("Extras"), provided that the
offering of such Extras is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the Terms.
6. To receive Fundraiser disbursements, you the Organizer should submit payee information to Sagepoint via the "Funds Available" pop-up once the end date has passed. You may also request interim disbursements by submitting the required payee information in advance. Interim disbursements will be sent no less frequently than quarterly and as often as monthly generally around the 15th of the month when the available balance in your Fundraiser totals $50 or more. Any remaining funds in your Fundraiser will be disbursed when the end date has passed. If the total amount of sponsorship-related disbursements to a single payee in a single calendar year exceeds $600.00, Organizers will be required to provide to Sagepoint documents regarding tax exemption or W-9 information to comply with U.S. tax requirements. Once requests are made and required documentation has been reviewed by Sagepoint, funds will be disbursed by check or electronic transfer based on the information in the request and the documentation received by Sagepoint. Payment will only be sent to US-based addresses at this time.
7. For donations, you as a Fundraiser Organizer authorize Sagepoint as your agent and on your behalf to perform the following: Process online donations; hold the funds until transferred under the terms of this agreement; retain a % of online donations processed through Sagepoint as an advertising placement fee according to fees currently published on the site; send a thank you email and transaction receipt to Donors. For nonprofit recipients of donation funds, Sagepoint will provide available Donor name, address, email and donation details to authorized representatives of the organization.
8. For Sagepoint-based Sponsorships, Fundraisers will earn a percentage of sales as commission. Details of currently available programs will be published
on the Site or provided to Organizers as requested.
9. You, the Sponsored Entity, and your payee(s) collectively ("You") shall have full responsibility for applicable taxes on funds transferred under these Terms, and for compliance with all applicable labor and employment requirements with respect to self-employment, sole proprietorship, or other form of business organization, and with respect to employees, agents, and contractors, and subcontractors, including state worker's compensation insurance coverage requirements, tax withholdings, health insurance requirements, and any U.S. immigration visa requirements. You agree to indemnify, defend and hold Sagepoint harmless from any and all liability (including attorneys' fees and costs) for, or assessment of, any claims, liabilities, suits, or penalties with respect to such withholding taxes, health insurance requirements, and labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Sagepoint by the relevant taxing authorities with respect to any funds transferred to you.
10. You acknowledge that Sagepoint will report to the Internal Revenue Service the total amount of sponsorship-related commissions dispersed to You as required based on amounts paid and/or Your taxable status.
11. Sagepoint makes no guarantee regarding the number or amounts of Donors or Sponsors under these Terms.
Users who choose to use the site as Sponsors understand and agree that:
1. Sponsorships submitted for a Fundraiser will be subject to the approval of the Fundraiser Organizer. Sponsorships approved by the Organizer within the specified
time limit will be displayed to other Users of the Site in conjunction with the Fundraiser. Sponsorships denied by the Organizer will not be displayed to other Users in
conjunction with the Fundraiser. Sponsorships that are not approved within 29 calendar days will expire. Users whose Sponsorship submissions expire or are denied will
not be charged. Unless you expressly notify an Organizer to the contrary, Organizers shall have the right, but not the obligation, to display and distribute approved
Sponsor information elsewhere on the Internet in other media, and other venues.
2. Sponsorship payments are for display of Sponsor information on the Site only. Sponsor information is considered displayed and the Sponsor will be charged the
agreed upon fee when the Organizer has approved the Sponsor information and Sagepoint has set the information to be visible on the Site by Users other than the Organizer
and Sponsor, i.e., Others. Once the information is displayed, sponsorship payments are non-refundable. If the Organizer denies a Sponsor submission or does not approve
the submission within the time limits set forth by Sagepoint, the information will not be displayed on the Site to Others and the Sponsor will not be charged.
3. Organizers may choose to offer additional, non-monetary benefits("Extras"), beyond display of Sponsor information on the Site. Any such Extras shall be delivered
directly by the Organizer. Sagepoint is not responsible for and makes no guarantee regarding delivery of Extras or viewership of Sponsor information on the Site.
4. It is your responsibility to validate the tax deductibility of your sponsorship.
Users who choose to use the site as Donors understand and agree that:
1. Information identifying you as a Donor will be visible to fundraising Organizers, but will not automatically be displayed by Sagepoint to other Users on the Site.
Unless you expressly provide written notification to the contrary, Organizers shall have the right, but not the obligation, to list you as a Donor on the Site, elsewhere
on the Internet, in other media or venues. Sagepoint assumes no liability with respect to liability arising from or relating to any such transactions between you and the Organizer.
2. Donations will be paid by credit card to Sagepoint as your Agent. Donations will be charged to your credit card immediately and will be non-refundable. Sagepoint will retain a portion of the donation as an advertising fee and will transfer the balance to the designated recipient according to the terms of this agreement.
3. Organizers may choose to offer non-monetary benefits("Extras") in acknowledgement of your donation. Any such Extras shall be delivered directly by the Organizer. Sagepoint
is not responsible for and makes no guarantee regarding delivery of Extras.
4. It is your responsibility to validate the tax deductibility of your donation and the value of the donation in the event that "Extras" are provided by the Organizer.
IX. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Sagepoint that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
X. RENEWALS
If you elect to set-up your paid membership or advertisement placements for automatic renewals, the credit card on file with Sagepoint will automatically be charged. It is your responsibility to promptly provide Sagepoint written notification of any contact or billing information changes or updates (including, address, credit card numbers, etc). If you do not elect to automatically renew, you will be notified by email prior to the end of your membership period at which point you will need to re-submit your payment information to Sagepoint in order to renew the membership.
XI. PAYMENTS
Sagepoint reserves the right to cancel membership subscriptions and advertisement placements when offered in the case of non-payment or an invalid credit card. Any attorneys' fees, court costs, or other costs incurred by Sagepoint in collection of delinquent amounts shall be the responsibility of and paid for by you. If payment is not current, Sagepoint may immediately cease to provide paid services to you. You must notify Sagepoint in writing about any billing problems or discrepancies within 90 days after charges first appear on your statement. If they are not brought to the attention of Sagepoint in writing within 90 days, you agree to forever waive and release your right to dispute such billing problems or discrepancies.
XII. MODIFICATIONS TO THE SITE
New features may be added to both free and paid versions of the Site on a regular basis. Some paid features may become free at the sole and exclusive discretion of Sagepoint. Sagepoint reserves the right to modify or discontinue services without notice to you. In such an event, you agree that Sagepoint shall not be liable to you or any third party if Sagepoint exercise its right to modify or discontinue all or portions of the Site.
XIII. MERGER OR ACQUISITION
It is possible that the services and/or related assets of Sagepoint might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Sagepoint may assign all of its rights under these Terms and that your personal information may be transferred to the succeeding entity.
XIV. LINKS TO THIRD PARTY SITES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sagepoint and Sagepoint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sagepoint is not responsible for webcasting or any other form of transmission received from any Linked Site. Sagepoint shall not be liable in any manner for damages arising from or related to your use of Linked Sites.
XV. INDEMNITY
Notwithstanding anything in this agreement to the contrary, you agree to indemnify, release, and hold harmless Sagepoint, and each of its subsidiaries, affiliates, officers, directors, agents, attorneys, representatives, or other partners, and employees, from any and all claims, suits, or demands of any nature (including but not limited to tort claims, contract claims and/or strict liability claims), including reasonable attorneys' fees and costs, asserted or brought by any third party arising from or related in any manner to your use of and/or access to the Site, your violation of the Terms, your violation of any rights of another person or entity, or your violation of any applicable laws, ordinances, statutes, or regulations. You hereby fully release Sagepoint (and its officers, directors, attorneys, representatives, agents, subsidiaries, partners, and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising from or related to your use or access of the Site. In the event a lawsuit is brought to enforce this indemnity paragraph, Sagepoint shall be entitled to recover from you its attorneys' fees and costs incurred in enforcing this paragraph.
Note to California residents: If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
XVI. LIABILITY DISCLAIMER
NOTWITHSTANDING ANYTHING IN THIS AGREMENT TO THE CONTRARY,SAGEPOINT AND SAGEPOINT'S COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAGEPOINT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
SAGEPOINT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. SAGEPOINT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGEPOINT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, TREBLE, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (DIRECT OR INDIRECT), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAGEPOINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PLEASE CONFER WITH COUNSEL OF YOUR CHOICE IF YOU HAVE ANY QUESTIONS REGARDING THE APPLICABILITY OR IMPLICATIONS OF THIS LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH OR DAMAGED BY ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control.
XVII. TERMINATION
Sagepoint may terminate your membership or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Sagepoint, in its sole and exclusive discretion, believes is in violation of any applicable law, ordinance, or regulation or is otherwise harmful to the interests of Sagepoint, any other Sagepoint user, or any third party. You agree that Sagepoint shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Site (or any portion thereof). You may discontinue your participation in and access to the Site at any time. Sagepoint reserves the right to investigate your use of the Site in the event Sagepoint, in its sole and exclusive discretion, believes you have violated these Terms.
XVIII. ACCESS RESTRICTION
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sagepoint as a result of this agreement or use of the Site. Sagepoint's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sagepoint's duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sagepoint with respect to such use. Notwithstanding anything herein to the contrary, if any part of this agreement is determined by a court to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be severed from the agreement and the remainder of the agreement shall be fully enforced. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Sagepoint and it supersedes all prior or contemporaneous communications, representations, and proposals, whether electronic, oral or written, between the User and Sagepoint. By accessing or using the Site, you expressly acknowledge and agree that you are not and have not relied on any representation made by Sagepoint (and you expressly disclaim any reliance on Sagepoint's representations), except for the written representations expressly set forth herein.
Sections II, IV, V, VI, VII, VIII, X, XI, XIII, XV, XVI, XVIII, XIX, and XX, shall survive any termination or expiration of this agreement.
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. This agreement shall not be interpreted against any party as the drafter of the document.
XIX. COPYRIGHT AND TRADEMARK NOTICES:
All contents of Sagepoint and the Site are copyright 2011, Sagepoint Solutions, LLC and/or its suppliers. All rights reserved.
The content on the Site (the "Content "), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Sagepoint or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Sagepoint and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Sagepoint and the Sagepoint design as well as certain other names, logos, and materials displayed on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
XX. APPLICABLE LAW AND FORUM SELECTION CLAUSE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, without regard to any conflicts of law analysis. You agree that any action at law or in equity arising out of or related in any manner to these Terms and/or your use or access of the Site shall be filed solely and exclusively in the state or federal courts in Williamson County, Texas. You expressly consent to personal jurisdiction in Williamson County, Texas and agree that it is the proper forum for any dispute arising from or related to the Terms, your use or access to the Site, and any indemnification claims.
XXI. CONTACT
Should you have any questions about this User Agreement, please feel free to contact us via e-mail at info@sagepoint.com or write to us at
Sagepoint Solutions, LLC
14900 Avery Ranch Blvd, Suite C200
Austin, TX 78717
SUBSTANTIAL CHANGES TO THIS AGREEMENT
October 1, 2011: Added Section VIII. "Use of Fundraising Services" and renumbered subsequent sections accordingly.
February 24, 2013: Updated Section VIII. "Use of Fundraising Services".
Sagepoint Solutions, LLC Terms and Conditions
AGREEMENT BETWEEN USER AND Sagepoint Solutions, LLC
This agreement is effective upon acceptance in registration for new registering Users, and is otherwise effective on February 24, 2013 for all Users.
I. Introduction
Welcome to the user agreement for Sagepoint Solutions, LLC ("Sagepoint"). The following user agreement outlines the terms on which Sagepoint allows you access to and use of our products and services. Sagepoint.com (the "Site") is comprised of various web pages operated by Sagepoint located at http://www.sagepoint.com. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access our services.
You may use the Site as a "Visitor" (meaning that you browse and/or enter information on a web page on the Site) or as a "Member" (meaning you register, and check the "I Accept" box). The word "User" in these Terms of Service refers to both Visitors and Members. The Terms of Service ("Terms") set forth herein are a legally binding agreement between you and Sagepoint. By using the Site as a User, you: (a) agree to be bound by the Terms and the Privacy Policy, (b) represent and warrant that you are authorized to bind yourself and/or any entity on whose behalf you enter into the Terms, and (c) represent and warrant that any such entity agrees to be bound by these Terms. Your use of the Site constitutes your agreement and consent to all such terms, conditions, and notices contained herein. When you create an account on the Site, you expressly accept these Terms.
The Site is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 years of age, is unauthorized, unlicensed and in violation of the Terms. By using the Site, you represent and warrant that you are 13 years of age or older and agree to abide by all of the Terms of this agreement. Notwithstanding the foregoing, if you are under the age of eighteen (18), you can use the Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, you may not use the Site.
II. MODIFICATION OF THE TERMS OF USE
Sagepoint reserves the right to change the Terms under which the Site is offered. If Sagepoint makes any material changes to the Terms, the effective date of any such change will be posted at the top of this agreement. Your continued use of the Site after any such change constitutes your express acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please do not use or access (or continue to use or access) the Site or any services offered thereon. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review any such changes.
Except as set forth above, this agreement may not be otherwise amended except in writing signed by you and an authorized agent of Sagepoint.
III. USER RESPONSIBILITIES
In using or accessing the Site, you agree that:
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto.
You are responsible for maintaining the confidentiality of your Site password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Sagepoint of any unauthorized use of your password or any other breach of security related to the Site. Sagepoint reserves the right to require you to alter your password if it believes that your password is no longer secure. You agree that Sagepoint will not be liable to you or any third party for any direct or indirect loss or damage whatsoever arising from or related to your failure to adequately safeguard your password.
When registering as a member of the Site, you will be asked for your name, e-mail address, postal code and time zone. Once registered, you may enter information in your User Profile and throughout the Site. You agree that any information you provide is true and accurate and that Sagepoint may use this information to provide you with service according to the provisions of the Sagepoint Privacy Policy. Sagepoint's Privacy Policy is expressly incorporated by reference into this agreement as if fully set forth herein. The Sagepoint Privacy Policy is readily available and may be accessed on the Site.
It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review such changes.
IV. USER SUBMISSIONS
Sagepoint does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission to the Site you are granting Sagepoint, its affiliated companies and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. All such rights are hereby expressly licensed to Sagepoint for such uses.
Sagepoint will not pay any form of compensation for the use of your Submission. Sagepoint is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Sagepoint's sole and exclusive discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights and title to your Submission, including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submission. Sagepoint is not responsible for any loss, infringement, theft, or damage of any kind to any Submission.
You are solely responsible for Submissions that you upload, publish, display, link to or otherwise make available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Submissions. Sagepoint takes no responsibility and assumes no liability for any Submissions that you or any other Users or third parties post or send over the Site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility. Sagepoint is not responsible for any public display, infringement, or misuse of your Submissions.
V. USER CONDUCT
Sagepoint reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Site. Your use of the Site is subject to all applicable local, state, federal and international laws, regulations, and ordinances.
In using the Site you agree not to post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, patent, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any materials that you do not have a right to transmit 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).
Impersonate any person or entity, including without limitation any officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Sagepoint endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather content or materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
Engage in any other conduct which, in Sagepoint's sole and exclusive discretion, is considered inappropriate, unauthorized or objectionable.
Please note that we have no control of the information provided by other Users that is made available to you through the Site. As a result, you may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that although we attempt to verify all Users, there are risks of dealing with underage persons or people acting under false pretense. By using the Site, you agree to accept such risks and agree that Sagepoint is not responsible for the acts or omissions of Users on the Site and that Sagepoint shall not be liable for any damages you may incur as a result of User Submissions.
VI. NO SPAMMING
You agree to not use any feature of the Site for chain letters, junk mail, or "Spamming" or to make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Sagepoint. If you use any feature of the Site for the purpose of sending Spam, your right to use the Site immediately terminates and Sagepoint reserves the right to seek appropriate legal recourse, as necessary. You agree that Sagepoint may, at its sole and exclusive discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that other users are using the Site for Spam, please notify Sagepoint using the Contact Us link at the bottom of our page, or by emailing Sagepoint at info@sagepoint.com. Please note that by setting items to be "Public" or making links available to the public you are consenting to receive, and authorizing Sagepoint to forward to you, emails from other Users. Such messages are not included in the above definition of Spam.
VII. USE OF COMMUNICATION SERVICES
The Site may contain message board services, chat areas, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Sagepoint has no obligation to monitor the Communication Services and shall not be liable for any damages whatsoever that may arise from your use of the Communication Services. Sagepoint reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and exclusive discretion. Sagepoint reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Sagepoint reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, ordinance, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Sagepoint's sole and exclusive discretion. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. Sagepoint is not liable for any direct or indirect damages caused by loss of operation of the Site.
VIII. USE OF FUNDRAISING SERVICES
Sagepoint provides Users with various tools and services to raise money collectively ("Fundraiser"). In providing these services, you acknowledge and agree that Sagepoint is an independent contractor and that except where explicitly stated, nothing contained in this agreement or elsewhere will be construed to create a partnership, joint venture, or agency between Sagepoint, Users who create a Fundraiser ("Organizers") Users who purchase sponsorships ("Sponsors"), Users who donate to a Fundraiser ("Donors"), or other Users ("Others"). Sagepoint does not guarantee the identity of Organizers, Sponsors, Donors, or Others. Without limiting the generality of the foregoing, you acknowledge and agree that Sagepoint is not liable for any claims, damages, causes of action, or liabilities arising out of or relating to the acts or omissions of any Organizers, Sponsors, Donors, or Others for the creation, execution, publication, display, distribution, completion or inability to complete a Fundraiser activity. Sagepoint is hereby expressly released from all such liability.
Users who use the Site as Organizers understand and agree to the following:
1. When setting up a Fundraiser, you will be required to enter a start and end date. Users will be able to respond, i.e. sponsor, donate, or sign up at any
time up until the end date. Unless deleted by you, your Fundraiser information will continue to display after the end date. However, Users will no longer be able
to respond once the end date has passed, i.e. they will be able to view and print information, but they will no longer be able to donate, sponsor, or sign up for
that Fundraiser. You may set up multiple Fundraisers for the same group or cause during a calendar year, i.e. fall and spring, quarterly, or monthly campaigns.
You may also operate an unlimited number of Fundraisers at the same time.
2. If on the Site or elsewhere, you represent your Fundraiser as being on behalf of a specific group or cause("Sponsored Entity") you represent and warrant
that you are an authorized representative of the Sponsored Entity with the full authority and approval to bind the Sponsored Entity to the Terms, that the
Sponsored Entity is the legal entity responsible for the Fundraiser and accountable for the use of any funds raised for it on the Site, and that you accept the
Terms on the Sponsored Entity's behalf.
3. You agree that funds earned will be used as described in the Fundraiser and will not be used for any other purpose. Any Fundraiser may be subject to
verification of your identity, the Sponsored Entity, the planned use of funds, and associated timeframes. If prior to disbursement of funds, Sagepoint makes a
good-faith determination that the identity of you, the Sponsored Entity, the planned use, or the timeline are not as identified in the Fundraiser or are
in violation of current law or regulations, your Fundraiser will no longer be viewable on the Site and any collected funds will be returned to Donors and Sponsors.
4. If a User submits Sponsor information to your Fundraiser("Sponsorship"), you agree to approve or deny the Sponsorship in a timely manner,
i.e. in 14 calendar days or less, but preferably within three calendar days. If the Sponsorship is denied, you will provide the Sponsor a reason for the denial.
Any Sponsorship that is not approved within 29 calendar days will automatically expire. You will only receive payments based on approved Sponsorships.
5. In addition to on-line features provided by the Site, you may offer additional non-monetary benefits to Donors and Sponsors("Extras"), provided that the
offering of such Extras is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the Terms.
6. To receive Fundraiser disbursements, you the Organizer should submit payee information to Sagepoint via the "Funds Available" pop-up once the end date has passed. You may also request interim disbursements by submitting the required payee information in advance. Interim disbursements will be sent no less frequently than quarterly and as often as monthly generally around the 15th of the month when the available balance in your Fundraiser totals $50 or more. Any remaining funds in your Fundraiser will be disbursed when the end date has passed. If the total amount of sponsorship-related disbursements to a single payee in a single calendar year exceeds $600.00, Organizers will be required to provide to Sagepoint documents regarding tax exemption or W-9 information to comply with U.S. tax requirements. Once requests are made and required documentation has been reviewed by Sagepoint, funds will be disbursed by check or electronic transfer based on the information in the request and the documentation received by Sagepoint. Payment will only be sent to US-based addresses at this time.
7. For donations, you as a Fundraiser Organizer authorize Sagepoint as your agent and on your behalf to perform the following: Process online donations; hold the funds until transferred under the terms of this agreement; retain a % of online donations processed through Sagepoint as an advertising placement fee according to fees currently published on the site; send a thank you email and transaction receipt to Donors. For nonprofit recipients of donation funds, Sagepoint will provide available Donor name, address, email and donation details to authorized representatives of the organization.
8. For Sagepoint-based Sponsorships, Fundraisers will earn a percentage of sales as commission. Details of currently available programs will be published
on the Site or provided to Organizers as requested.
9. You, the Sponsored Entity, and your payee(s) collectively ("You") shall have full responsibility for applicable taxes on funds transferred under these Terms, and for compliance with all applicable labor and employment requirements with respect to self-employment, sole proprietorship, or other form of business organization, and with respect to employees, agents, and contractors, and subcontractors, including state worker's compensation insurance coverage requirements, tax withholdings, health insurance requirements, and any U.S. immigration visa requirements. You agree to indemnify, defend and hold Sagepoint harmless from any and all liability (including attorneys' fees and costs) for, or assessment of, any claims, liabilities, suits, or penalties with respect to such withholding taxes, health insurance requirements, and labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Sagepoint by the relevant taxing authorities with respect to any funds transferred to you.
10. You acknowledge that Sagepoint will report to the Internal Revenue Service the total amount of sponsorship-related commissions dispersed to You as required based on amounts paid and/or Your taxable status.
11. Sagepoint makes no guarantee regarding the number or amounts of Donors or Sponsors under these Terms.
Users who choose to use the site as Sponsors understand and agree that:
1. Sponsorships submitted for a Fundraiser will be subject to the approval of the Fundraiser Organizer. Sponsorships approved by the Organizer within the specified
time limit will be displayed to other Users of the Site in conjunction with the Fundraiser. Sponsorships denied by the Organizer will not be displayed to other Users in
conjunction with the Fundraiser. Sponsorships that are not approved within 29 calendar days will expire. Users whose Sponsorship submissions expire or are denied will
not be charged. Unless you expressly notify an Organizer to the contrary, Organizers shall have the right, but not the obligation, to display and distribute approved
Sponsor information elsewhere on the Internet in other media, and other venues.
2. Sponsorship payments are for display of Sponsor information on the Site only. Sponsor information is considered displayed and the Sponsor will be charged the
agreed upon fee when the Organizer has approved the Sponsor information and Sagepoint has set the information to be visible on the Site by Users other than the Organizer
and Sponsor, i.e., Others. Once the information is displayed, sponsorship payments are non-refundable. If the Organizer denies a Sponsor submission or does not approve
the submission within the time limits set forth by Sagepoint, the information will not be displayed on the Site to Others and the Sponsor will not be charged.
3. Organizers may choose to offer additional, non-monetary benefits("Extras"), beyond display of Sponsor information on the Site. Any such Extras shall be delivered
directly by the Organizer. Sagepoint is not responsible for and makes no guarantee regarding delivery of Extras or viewership of Sponsor information on the Site.
4. It is your responsibility to validate the tax deductibility of your sponsorship.
Users who choose to use the site as Donors understand and agree that:
1. Information identifying you as a Donor will be visible to fundraising Organizers, but will not automatically be displayed by Sagepoint to other Users on the Site.
Unless you expressly provide written notification to the contrary, Organizers shall have the right, but not the obligation, to list you as a Donor on the Site, elsewhere
on the Internet, in other media or venues. Sagepoint assumes no liability with respect to liability arising from or relating to any such transactions between you and the Organizer.
2. Donations will be paid by credit card to Sagepoint as your Agent. Donations will be charged to your credit card immediately and will be non-refundable. Sagepoint will retain a portion of the donation as an advertising fee and will transfer the balance to the designated recipient according to the terms of this agreement.
3. Organizers may choose to offer non-monetary benefits("Extras") in acknowledgement of your donation. Any such Extras shall be delivered directly by the Organizer. Sagepoint
is not responsible for and makes no guarantee regarding delivery of Extras.
4. It is your responsibility to validate the tax deductibility of your donation and the value of the donation in the event that "Extras" are provided by the Organizer.
IX. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Sagepoint that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
X. RENEWALS
If you elect to set-up your paid membership or advertisement placements for automatic renewals, the credit card on file with Sagepoint will automatically be charged. It is your responsibility to promptly provide Sagepoint written notification of any contact or billing information changes or updates (including, address, credit card numbers, etc). If you do not elect to automatically renew, you will be notified by email prior to the end of your membership period at which point you will need to re-submit your payment information to Sagepoint in order to renew the membership.
XI. PAYMENTS
Sagepoint reserves the right to cancel membership subscriptions and advertisement placements when offered in the case of non-payment or an invalid credit card. Any attorneys' fees, court costs, or other costs incurred by Sagepoint in collection of delinquent amounts shall be the responsibility of and paid for by you. If payment is not current, Sagepoint may immediately cease to provide paid services to you. You must notify Sagepoint in writing about any billing problems or discrepancies within 90 days after charges first appear on your statement. If they are not brought to the attention of Sagepoint in writing within 90 days, you agree to forever waive and release your right to dispute such billing problems or discrepancies.
XII. MODIFICATIONS TO THE SITE
New features may be added to both free and paid versions of the Site on a regular basis. Some paid features may become free at the sole and exclusive discretion of Sagepoint. Sagepoint reserves the right to modify or discontinue services without notice to you. In such an event, you agree that Sagepoint shall not be liable to you or any third party if Sagepoint exercise its right to modify or discontinue all or portions of the Site.
XIII. MERGER OR ACQUISITION
It is possible that the services and/or related assets of Sagepoint might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Sagepoint may assign all of its rights under these Terms and that your personal information may be transferred to the succeeding entity.
XIV. LINKS TO THIRD PARTY SITES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sagepoint and Sagepoint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sagepoint is not responsible for webcasting or any other form of transmission received from any Linked Site. Sagepoint shall not be liable in any manner for damages arising from or related to your use of Linked Sites.
XV. INDEMNITY
Notwithstanding anything in this agreement to the contrary, you agree to indemnify, release, and hold harmless Sagepoint, and each of its subsidiaries, affiliates, officers, directors, agents, attorneys, representatives, or other partners, and employees, from any and all claims, suits, or demands of any nature (including but not limited to tort claims, contract claims and/or strict liability claims), including reasonable attorneys' fees and costs, asserted or brought by any third party arising from or related in any manner to your use of and/or access to the Site, your violation of the Terms, your violation of any rights of another person or entity, or your violation of any applicable laws, ordinances, statutes, or regulations. You hereby fully release Sagepoint (and its officers, directors, attorneys, representatives, agents, subsidiaries, partners, and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising from or related to your use or access of the Site. In the event a lawsuit is brought to enforce this indemnity paragraph, Sagepoint shall be entitled to recover from you its attorneys' fees and costs incurred in enforcing this paragraph.
Note to California residents: If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
XVI. LIABILITY DISCLAIMER
NOTWITHSTANDING ANYTHING IN THIS AGREMENT TO THE CONTRARY,SAGEPOINT AND SAGEPOINT'S COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAGEPOINT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
SAGEPOINT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. SAGEPOINT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGEPOINT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, TREBLE, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (DIRECT OR INDIRECT), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAGEPOINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PLEASE CONFER WITH COUNSEL OF YOUR CHOICE IF YOU HAVE ANY QUESTIONS REGARDING THE APPLICABILITY OR IMPLICATIONS OF THIS LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH OR DAMAGED BY ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control.
XVII. TERMINATION
Sagepoint may terminate your membership or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Sagepoint, in its sole and exclusive discretion, believes is in violation of any applicable law, ordinance, or regulation or is otherwise harmful to the interests of Sagepoint, any other Sagepoint user, or any third party. You agree that Sagepoint shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Site (or any portion thereof). You may discontinue your participation in and access to the Site at any time. Sagepoint reserves the right to investigate your use of the Site in the event Sagepoint, in its sole and exclusive discretion, believes you have violated these Terms.
XVIII. ACCESS RESTRICTION
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sagepoint as a result of this agreement or use of the Site. Sagepoint's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sagepoint's duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sagepoint with respect to such use. Notwithstanding anything herein to the contrary, if any part of this agreement is determined by a court to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be severed from the agreement and the remainder of the agreement shall be fully enforced. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Sagepoint and it supersedes all prior or contemporaneous communications, representations, and proposals, whether electronic, oral or written, between the User and Sagepoint. By accessing or using the Site, you expressly acknowledge and agree that you are not and have not relied on any representation made by Sagepoint (and you expressly disclaim any reliance on Sagepoint's representations), except for the written representations expressly set forth herein.
Sections II, IV, V, VI, VII, VIII, X, XI, XIII, XV, XVI, XVIII, XIX, and XX, shall survive any termination or expiration of this agreement.
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. This agreement shall not be interpreted against any party as the drafter of the document.
XIX. COPYRIGHT AND TRADEMARK NOTICES:
All contents of Sagepoint and the Site are copyright 2011, Sagepoint Solutions, LLC and/or its suppliers. All rights reserved.
The content on the Site (the "Content "), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Sagepoint or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Sagepoint and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Sagepoint and the Sagepoint design as well as certain other names, logos, and materials displayed on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
XX. APPLICABLE LAW AND FORUM SELECTION CLAUSE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, without regard to any conflicts of law analysis. You agree that any action at law or in equity arising out of or related in any manner to these Terms and/or your use or access of the Site shall be filed solely and exclusively in the state or federal courts in Williamson County, Texas. You expressly consent to personal jurisdiction in Williamson County, Texas and agree that it is the proper forum for any dispute arising from or related to the Terms, your use or access to the Site, and any indemnification claims.
XXI. CONTACT
Should you have any questions about this User Agreement, please feel free to contact us via e-mail at info@sagepoint.com or write to us at
Sagepoint Solutions, LLC
14900 Avery Ranch Blvd, Suite C200
Austin, TX 78717
SUBSTANTIAL CHANGES TO THIS AGREEMENT
October 1, 2011: Added Section VIII. "Use of Fundraising Services" and renumbered subsequent sections accordingly.
February 24, 2013: Updated Section VIII. "Use of Fundraising Services".
Sagepoint Solutions, LLC Terms and Conditions
AGREEMENT BETWEEN USER AND Sagepoint Solutions, LLC
This agreement is effective upon acceptance in registration for new registering Users, and is otherwise effective on February 24, 2013 for all Users.
I. Introduction
Welcome to the user agreement for Sagepoint Solutions, LLC ("Sagepoint"). The following user agreement outlines the terms on which Sagepoint allows you access to and use of our products and services. Sagepoint.com (the "Site") is comprised of various web pages operated by Sagepoint located at http://www.sagepoint.com. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access our services.
You may use the Site as a "Visitor" (meaning that you browse and/or enter information on a web page on the Site) or as a "Member" (meaning you register, and check the "I Accept" box). The word "User" in these Terms of Service refers to both Visitors and Members. The Terms of Service ("Terms") set forth herein are a legally binding agreement between you and Sagepoint. By using the Site as a User, you: (a) agree to be bound by the Terms and the Privacy Policy, (b) represent and warrant that you are authorized to bind yourself and/or any entity on whose behalf you enter into the Terms, and (c) represent and warrant that any such entity agrees to be bound by these Terms. Your use of the Site constitutes your agreement and consent to all such terms, conditions, and notices contained herein. When you create an account on the Site, you expressly accept these Terms.
The Site is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 years of age, is unauthorized, unlicensed and in violation of the Terms. By using the Site, you represent and warrant that you are 13 years of age or older and agree to abide by all of the Terms of this agreement. Notwithstanding the foregoing, if you are under the age of eighteen (18), you can use the Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, you may not use the Site.
II. MODIFICATION OF THE TERMS OF USE
Sagepoint reserves the right to change the Terms under which the Site is offered. If Sagepoint makes any material changes to the Terms, the effective date of any such change will be posted at the top of this agreement. Your continued use of the Site after any such change constitutes your express acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please do not use or access (or continue to use or access) the Site or any services offered thereon. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review any such changes.
Except as set forth above, this agreement may not be otherwise amended except in writing signed by you and an authorized agent of Sagepoint.
III. USER RESPONSIBILITIES
In using or accessing the Site, you agree that:
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto.
You are responsible for maintaining the confidentiality of your Site password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Sagepoint of any unauthorized use of your password or any other breach of security related to the Site. Sagepoint reserves the right to require you to alter your password if it believes that your password is no longer secure. You agree that Sagepoint will not be liable to you or any third party for any direct or indirect loss or damage whatsoever arising from or related to your failure to adequately safeguard your password.
When registering as a member of the Site, you will be asked for your name, e-mail address, postal code and time zone. Once registered, you may enter information in your User Profile and throughout the Site. You agree that any information you provide is true and accurate and that Sagepoint may use this information to provide you with service according to the provisions of the Sagepoint Privacy Policy. Sagepoint's Privacy Policy is expressly incorporated by reference into this agreement as if fully set forth herein. The Sagepoint Privacy Policy is readily available and may be accessed on the Site.
It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and to review such changes.
IV. USER SUBMISSIONS
Sagepoint does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission to the Site you are granting Sagepoint, its affiliated companies and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. All such rights are hereby expressly licensed to Sagepoint for such uses.
Sagepoint will not pay any form of compensation for the use of your Submission. Sagepoint is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Sagepoint's sole and exclusive discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights and title to your Submission, including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submission. Sagepoint is not responsible for any loss, infringement, theft, or damage of any kind to any Submission.
You are solely responsible for Submissions that you upload, publish, display, link to or otherwise make available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Submissions. Sagepoint takes no responsibility and assumes no liability for any Submissions that you or any other Users or third parties post or send over the Site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility. Sagepoint is not responsible for any public display, infringement, or misuse of your Submissions.
V. USER CONDUCT
Sagepoint reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Site. Your use of the Site is subject to all applicable local, state, federal and international laws, regulations, and ordinances.
In using the Site you agree not to post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, patent, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any materials that you do not have a right to transmit 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).
Impersonate any person or entity, including without limitation any officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Sagepoint endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather content or materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
Engage in any other conduct which, in Sagepoint's sole and exclusive discretion, is considered inappropriate, unauthorized or objectionable.
Please note that we have no control of the information provided by other Users that is made available to you through the Site. As a result, you may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that although we attempt to verify all Users, there are risks of dealing with underage persons or people acting under false pretense. By using the Site, you agree to accept such risks and agree that Sagepoint is not responsible for the acts or omissions of Users on the Site and that Sagepoint shall not be liable for any damages you may incur as a result of User Submissions.
VI. NO SPAMMING
You agree to not use any feature of the Site for chain letters, junk mail, or "Spamming" or to make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Sagepoint. If you use any feature of the Site for the purpose of sending Spam, your right to use the Site immediately terminates and Sagepoint reserves the right to seek appropriate legal recourse, as necessary. You agree that Sagepoint may, at its sole and exclusive discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that other users are using the Site for Spam, please notify Sagepoint using the Contact Us link at the bottom of our page, or by emailing Sagepoint at info@sagepoint.com. Please note that by setting items to be "Public" or making links available to the public you are consenting to receive, and authorizing Sagepoint to forward to you, emails from other Users. Such messages are not included in the above definition of Spam.
VII. USE OF COMMUNICATION SERVICES
The Site may contain message board services, chat areas, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Sagepoint has no obligation to monitor the Communication Services and shall not be liable for any damages whatsoever that may arise from your use of the Communication Services. Sagepoint reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and exclusive discretion. Sagepoint reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Sagepoint reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, ordinance, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Sagepoint's sole and exclusive discretion. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control. Sagepoint is not liable for any direct or indirect damages caused by loss of operation of the Site.
VIII. USE OF FUNDRAISING SERVICES
Sagepoint provides Users with various tools and services to raise money collectively ("Fundraiser"). In providing these services, you acknowledge and agree that Sagepoint is an independent contractor and that except where explicitly stated, nothing contained in this agreement or elsewhere will be construed to create a partnership, joint venture, or agency between Sagepoint, Users who create a Fundraiser ("Organizers") Users who purchase sponsorships ("Sponsors"), Users who donate to a Fundraiser ("Donors"), or other Users ("Others"). Sagepoint does not guarantee the identity of Organizers, Sponsors, Donors, or Others. Without limiting the generality of the foregoing, you acknowledge and agree that Sagepoint is not liable for any claims, damages, causes of action, or liabilities arising out of or relating to the acts or omissions of any Organizers, Sponsors, Donors, or Others for the creation, execution, publication, display, distribution, completion or inability to complete a Fundraiser activity. Sagepoint is hereby expressly released from all such liability.
Users who use the Site as Organizers understand and agree to the following:
1. When setting up a Fundraiser, you will be required to enter a start and end date. Users will be able to respond, i.e. sponsor, donate, or sign up at any
time up until the end date. Unless deleted by you, your Fundraiser information will continue to display after the end date. However, Users will no longer be able
to respond once the end date has passed, i.e. they will be able to view and print information, but they will no longer be able to donate, sponsor, or sign up for
that Fundraiser. You may set up multiple Fundraisers for the same group or cause during a calendar year, i.e. fall and spring, quarterly, or monthly campaigns.
You may also operate an unlimited number of Fundraisers at the same time.
2. If on the Site or elsewhere, you represent your Fundraiser as being on behalf of a specific group or cause("Sponsored Entity") you represent and warrant
that you are an authorized representative of the Sponsored Entity with the full authority and approval to bind the Sponsored Entity to the Terms, that the
Sponsored Entity is the legal entity responsible for the Fundraiser and accountable for the use of any funds raised for it on the Site, and that you accept the
Terms on the Sponsored Entity's behalf.
3. You agree that funds earned will be used as described in the Fundraiser and will not be used for any other purpose. Any Fundraiser may be subject to
verification of your identity, the Sponsored Entity, the planned use of funds, and associated timeframes. If prior to disbursement of funds, Sagepoint makes a
good-faith determination that the identity of you, the Sponsored Entity, the planned use, or the timeline are not as identified in the Fundraiser or are
in violation of current law or regulations, your Fundraiser will no longer be viewable on the Site and any collected funds will be returned to Donors and Sponsors.
4. If a User submits Sponsor information to your Fundraiser("Sponsorship"), you agree to approve or deny the Sponsorship in a timely manner,
i.e. in 14 calendar days or less, but preferably within three calendar days. If the Sponsorship is denied, you will provide the Sponsor a reason for the denial.
Any Sponsorship that is not approved within 29 calendar days will automatically expire. You will only receive payments based on approved Sponsorships.
5. In addition to on-line features provided by the Site, you may offer additional non-monetary benefits to Donors and Sponsors("Extras"), provided that the
offering of such Extras is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the Terms.
6. To receive Fundraiser disbursements, you the Organizer should submit payee information to Sagepoint via the "Funds Available" pop-up once the end date has passed. You may also request interim disbursements by submitting the required payee information in advance. Interim disbursements will be sent no less frequently than quarterly and as often as monthly generally around the 15th of the month when the available balance in your Fundraiser totals $50 or more. Any remaining funds in your Fundraiser will be disbursed when the end date has passed. If the total amount of sponsorship-related disbursements to a single payee in a single calendar year exceeds $600.00, Organizers will be required to provide to Sagepoint documents regarding tax exemption or W-9 information to comply with U.S. tax requirements. Once requests are made and required documentation has been reviewed by Sagepoint, funds will be disbursed by check or electronic transfer based on the information in the request and the documentation received by Sagepoint. Payment will only be sent to US-based addresses at this time.
7. For donations, you as a Fundraiser Organizer authorize Sagepoint as your agent and on your behalf to perform the following: Process online donations; hold the funds until transferred under the terms of this agreement; retain a % of online donations processed through Sagepoint as an advertising placement fee according to fees currently published on the site; send a thank you email and transaction receipt to Donors. For nonprofit recipients of donation funds, Sagepoint will provide available Donor name, address, email and donation details to authorized representatives of the organization.
8. For Sagepoint-based Sponsorships, Fundraisers will earn a percentage of sales as commission. Details of currently available programs will be published
on the Site or provided to Organizers as requested.
9. You, the Sponsored Entity, and your payee(s) collectively ("You") shall have full responsibility for applicable taxes on funds transferred under these Terms, and for compliance with all applicable labor and employment requirements with respect to self-employment, sole proprietorship, or other form of business organization, and with respect to employees, agents, and contractors, and subcontractors, including state worker's compensation insurance coverage requirements, tax withholdings, health insurance requirements, and any U.S. immigration visa requirements. You agree to indemnify, defend and hold Sagepoint harmless from any and all liability (including attorneys' fees and costs) for, or assessment of, any claims, liabilities, suits, or penalties with respect to such withholding taxes, health insurance requirements, and labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Sagepoint by the relevant taxing authorities with respect to any funds transferred to you.
10. You acknowledge that Sagepoint will report to the Internal Revenue Service the total amount of sponsorship-related commissions dispersed to You as required based on amounts paid and/or Your taxable status.
11. Sagepoint makes no guarantee regarding the number or amounts of Donors or Sponsors under these Terms.
Users who choose to use the site as Sponsors understand and agree that:
1. Sponsorships submitted for a Fundraiser will be subject to the approval of the Fundraiser Organizer. Sponsorships approved by the Organizer within the specified
time limit will be displayed to other Users of the Site in conjunction with the Fundraiser. Sponsorships denied by the Organizer will not be displayed to other Users in
conjunction with the Fundraiser. Sponsorships that are not approved within 29 calendar days will expire. Users whose Sponsorship submissions expire or are denied will
not be charged. Unless you expressly notify an Organizer to the contrary, Organizers shall have the right, but not the obligation, to display and distribute approved
Sponsor information elsewhere on the Internet in other media, and other venues.
2. Sponsorship payments are for display of Sponsor information on the Site only. Sponsor information is considered displayed and the Sponsor will be charged the
agreed upon fee when the Organizer has approved the Sponsor information and Sagepoint has set the information to be visible on the Site by Users other than the Organizer
and Sponsor, i.e., Others. Once the information is displayed, sponsorship payments are non-refundable. If the Organizer denies a Sponsor submission or does not approve
the submission within the time limits set forth by Sagepoint, the information will not be displayed on the Site to Others and the Sponsor will not be charged.
3. Organizers may choose to offer additional, non-monetary benefits("Extras"), beyond display of Sponsor information on the Site. Any such Extras shall be delivered
directly by the Organizer. Sagepoint is not responsible for and makes no guarantee regarding delivery of Extras or viewership of Sponsor information on the Site.
4. It is your responsibility to validate the tax deductibility of your sponsorship.
Users who choose to use the site as Donors understand and agree that:
1. Information identifying you as a Donor will be visible to fundraising Organizers, but will not automatically be displayed by Sagepoint to other Users on the Site.
Unless you expressly provide written notification to the contrary, Organizers shall have the right, but not the obligation, to list you as a Donor on the Site, elsewhere
on the Internet, in other media or venues. Sagepoint assumes no liability with respect to liability arising from or relating to any such transactions between you and the Organizer.
2. Donations will be paid by credit card to Sagepoint as your Agent. Donations will be charged to your credit card immediately and will be non-refundable. Sagepoint will retain a portion of the donation as an advertising fee and will transfer the balance to the designated recipient according to the terms of this agreement.
3. Organizers may choose to offer non-monetary benefits("Extras") in acknowledgement of your donation. Any such Extras shall be delivered directly by the Organizer. Sagepoint
is not responsible for and makes no guarantee regarding delivery of Extras.
4. It is your responsibility to validate the tax deductibility of your donation and the value of the donation in the event that "Extras" are provided by the Organizer.
IX. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Sagepoint that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
X. RENEWALS
If you elect to set-up your paid membership or advertisement placements for automatic renewals, the credit card on file with Sagepoint will automatically be charged. It is your responsibility to promptly provide Sagepoint written notification of any contact or billing information changes or updates (including, address, credit card numbers, etc). If you do not elect to automatically renew, you will be notified by email prior to the end of your membership period at which point you will need to re-submit your payment information to Sagepoint in order to renew the membership.
XI. PAYMENTS
Sagepoint reserves the right to cancel membership subscriptions and advertisement placements when offered in the case of non-payment or an invalid credit card. Any attorneys' fees, court costs, or other costs incurred by Sagepoint in collection of delinquent amounts shall be the responsibility of and paid for by you. If payment is not current, Sagepoint may immediately cease to provide paid services to you. You must notify Sagepoint in writing about any billing problems or discrepancies within 90 days after charges first appear on your statement. If they are not brought to the attention of Sagepoint in writing within 90 days, you agree to forever waive and release your right to dispute such billing problems or discrepancies.
XII. MODIFICATIONS TO THE SITE
New features may be added to both free and paid versions of the Site on a regular basis. Some paid features may become free at the sole and exclusive discretion of Sagepoint. Sagepoint reserves the right to modify or discontinue services without notice to you. In such an event, you agree that Sagepoint shall not be liable to you or any third party if Sagepoint exercise its right to modify or discontinue all or portions of the Site.
XIII. MERGER OR ACQUISITION
It is possible that the services and/or related assets of Sagepoint might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Sagepoint may assign all of its rights under these Terms and that your personal information may be transferred to the succeeding entity.
XIV. LINKS TO THIRD PARTY SITES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sagepoint and Sagepoint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sagepoint is not responsible for webcasting or any other form of transmission received from any Linked Site. Sagepoint shall not be liable in any manner for damages arising from or related to your use of Linked Sites.
XV. INDEMNITY
Notwithstanding anything in this agreement to the contrary, you agree to indemnify, release, and hold harmless Sagepoint, and each of its subsidiaries, affiliates, officers, directors, agents, attorneys, representatives, or other partners, and employees, from any and all claims, suits, or demands of any nature (including but not limited to tort claims, contract claims and/or strict liability claims), including reasonable attorneys' fees and costs, asserted or brought by any third party arising from or related in any manner to your use of and/or access to the Site, your violation of the Terms, your violation of any rights of another person or entity, or your violation of any applicable laws, ordinances, statutes, or regulations. You hereby fully release Sagepoint (and its officers, directors, attorneys, representatives, agents, subsidiaries, partners, and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising from or related to your use or access of the Site. In the event a lawsuit is brought to enforce this indemnity paragraph, Sagepoint shall be entitled to recover from you its attorneys' fees and costs incurred in enforcing this paragraph.
Note to California residents: If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
XVI. LIABILITY DISCLAIMER
NOTWITHSTANDING ANYTHING IN THIS AGREMENT TO THE CONTRARY,SAGEPOINT AND SAGEPOINT'S COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAGEPOINT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
SAGEPOINT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. SAGEPOINT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGEPOINT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, TREBLE, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (DIRECT OR INDIRECT), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAGEPOINT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PLEASE CONFER WITH COUNSEL OF YOUR CHOICE IF YOU HAVE ANY QUESTIONS REGARDING THE APPLICABILITY OR IMPLICATIONS OF THIS LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH OR DAMAGED BY ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control.
XVII. TERMINATION
Sagepoint may terminate your membership or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Sagepoint, in its sole and exclusive discretion, believes is in violation of any applicable law, ordinance, or regulation or is otherwise harmful to the interests of Sagepoint, any other Sagepoint user, or any third party. You agree that Sagepoint shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Site (or any portion thereof). You may discontinue your participation in and access to the Site at any time. Sagepoint reserves the right to investigate your use of the Site in the event Sagepoint, in its sole and exclusive discretion, believes you have violated these Terms.
XVIII. ACCESS RESTRICTION
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sagepoint as a result of this agreement or use of the Site. Sagepoint's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sagepoint's duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sagepoint with respect to such use. Notwithstanding anything herein to the contrary, if any part of this agreement is determined by a court to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be severed from the agreement and the remainder of the agreement shall be fully enforced. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Sagepoint and it supersedes all prior or contemporaneous communications, representations, and proposals, whether electronic, oral or written, between the User and Sagepoint. By accessing or using the Site, you expressly acknowledge and agree that you are not and have not relied on any representation made by Sagepoint (and you expressly disclaim any reliance on Sagepoint's representations), except for the written representations expressly set forth herein.
Sections II, IV, V, VI, VII, VIII, X, XI, XIII, XV, XVI, XVIII, XIX, and XX, shall survive any termination or expiration of this agreement.
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. This agreement shall not be interpreted against any party as the drafter of the document.
XIX. COPYRIGHT AND TRADEMARK NOTICES:
All contents of Sagepoint and the Site are copyright 2011, Sagepoint Solutions, LLC and/or its suppliers. All rights reserved.
The content on the Site (the "Content "), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Sagepoint or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Sagepoint and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Sagepoint and the Sagepoint design as well as certain other names, logos, and materials displayed on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
XX. APPLICABLE LAW AND FORUM SELECTION CLAUSE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, without regard to any conflicts of law analysis. You agree that any action at law or in equity arising out of or related in any manner to these Terms and/or your use or access of the Site shall be filed solely and exclusively in the state or federal courts in Williamson County, Texas. You expressly consent to personal jurisdiction in Williamson County, Texas and agree that it is the proper forum for any dispute arising from or related to the Terms, your use or access to the Site, and any indemnification claims.
XXI. CONTACT
Should you have any questions about this User Agreement, please feel free to contact us via e-mail at info@sagepoint.com or write to us at
Sagepoint Solutions, LLC
14900 Avery Ranch Blvd, Suite C200
Austin, TX 78717
SUBSTANTIAL CHANGES TO THIS AGREEMENT
October 1, 2011: Added Section VIII. "Use of Fundraising Services" and renumbered subsequent sections accordingly.
February 24, 2013: Updated Section VIII. "Use of Fundraising Services".
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