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Privacy Policy
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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.


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    About Sagepoint
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    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:

    Sagepoint Solutions, LLC
    14900 Avery Ranch Blvd, Suite C200
    Austin, TX 78717

    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.


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    Commission Rates
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    Commissions will be paid to users for the Spirit Ad™ sales they generate according to the following schedule. (Any user may enable Spirit Ad™ sales in his or her Events by checking the Fundraise box for those Events).

     
    Annual Spirit Ad Sales*   Commission Rate
    First $500 50%
    Next $1000 70%
    Balance of Sales* 90%

    *Annual Spirit Ad™ sales are calculated for each user by totaling the sales captured from Events created in his or her Sagepoint account during a given 12-month period, i.e. if the first sale is captured on April 1, 2013, the 12-month period will be from April 1, 2013 through March 31, 2014.

    Advertising Fee: 10% of Donations collected through Sagepoint will be retained as an ad fee.

    For additional information on Spirit Ad™ campaigns, click here.


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    Partnership Opportunities with Sagepoint
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    Sagepoint is dedicated to helping busy individuals, families, and volunteers efficiently organize and manage the activities in their daily lives. We provide easy to use calendar, sign-up and event notification tools that include automatic reminder and response tracking capabilities. Our target users are household decision makers who are active members of their communities and and those with whom they interact.

    To help meet the needs of these users, we are seeking local, regional and national partners for advertising sponsorships and creative marketing programs to promote, increase awareness of and generate feedback regarding products and services that are of interest to these influential consumers.

    Sagepoint offers a variety of advertising opportunities throughout our site and in our e-mail notifications.

    For further partnership information, please contact us at partners@sagepoint.com or at:

    Sagepoint Solutions, LLC
    14900 Avery Ranch Blvd, Suite C200
    Austin, TX 78717

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    Sagepoint Examples
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    Click on the categories below to see example sign-up sheets, schedules, and invitations.

    Parties & Potlucks Volunteers Donations
    Schedules Groups & Gatherings Other Sign-Ups

    To use the example sign-ups or invitations as a template:


    1. Create and activate a free Sagepoint account:
    2. Click on "RSVP" or "Sign Up" in the example you want to use and respond with the e-mail address for your Sagepoint account.
    3. If you're not already logged in, log into your Sagepoint account and click on the "Events" tab.
    4. Find the event and click on the "Copy" icon to create a copy that you can edit. Now just customize the info for your event, save, and/or send.

    If you are unable to find what you need, please feel free to contact us at info@sagepoint.com.

    Sincerely,
    The Sagepoint Team

    Party & Potluck Sign-Ups

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    Classroom parties
    Office potlucks
    Save the date
    Holiday gatherings
    Block parties
    Tailgaters
    Picnics
    Sponsored events


    Donation Sign-Ups

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    Classroom supplies
    Silent auctions
    Giving trees
    Teacher wishlists
    Adopt-a-family
    Food pantries
    Blood drives
    Donate online


    Volunteer Sign-Ups & Schedules

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    Room parents
    WatchD.O.G.S. Sign-ups
    Care calendars
    Festival volunteers
    Soup kitchen volunteers - I
    Soup kitchen volunteers - II
    Scout-O-Rama volunteers
    Service project sign-ups


    Schedules

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    Snack schedule sign-ups
    Practice schedules
    Carpool schedules
    Nursery volunteers
    Usher schedules
    Cookie and bake sale tables
    Bunco planning
    5K & fun run volunteers
    Parent teacher conference scheduling
    Seasonal Spirit Ad


    Groups & Gatherings

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    Church & faith group meetings
    School event volunteers
    Sports team schedules
    Scout troop camping trips
    Play group coordination
    Club meeting duty rosters
    Eat out night
    Spirit Ad co-ops
    Annual Spirit Ads


    Other

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    Tournament sign-ups
    Sports league sign-ups



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    Frequently Asked Questions
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    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

    If you are unable to find the answers you need, please feel free to contact us at info@sagepoint.com.

    Sincerely,
    The Sagepoint Team



    General Information

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    What is Sagepoint?

    Sagepoint is a free online organizer. It was created for busy parents but can be used by anyone. Sagepoint includes online and printable sign-up sheets, schedules, invitations, a sharable calendar, and group tools. Additional features include RSVP tracking, automatic reminders, maps and directions.


    Why should I use Sagepoint?

    Sagepoint makes life easier by simplifying everyday planning and fundraising. The sharable calendar helps keep families in sync. Online sign-ups simplify coordination of potlucks, donations, volunteers, timeslots, and registrations. Schedule and group tools help insure teams and groups are updated on practices, games, meetings, rehearsals, and events.

    Sagepoint eliminates sorting through reply-all e-mails streams to figure out event status and provides automatic reminders, updates, maps, and directions to help alleviate the stress of forgetting, last minute rushing around, and getting lost. By managing all your activities on Sagepoint, you spend less time planning and more time enjoying life.


    Can I use Sagepoint free of charge?

    Yes. While some sites require subscriptions or charge fees for advanced features, all of our planning features are free.


    Do I need an account to use Sagepoint?

    No. It is not necessary to register if you are simply responding to an e-mail notification. However, registering and logging in will enable you to easily access invitation details, edit your responses, and create your own sign-ups, invitations, and schedules. You can further maximize the usefulness of the site by making www.sagepoint.com your home page and using Sagepoint to organize all the activities in your life.


    What browsers are supported?

    For best results, the Sagepoint site should be run on Internet Explorer version 7 or higher, Firefox 3.0 or higher, Chrome, or Safari.


    Do I need to download any software?

    No. You do not need to download any software. Sagepoint is a web-based service and requires only a web browser with an internet connection.


    Is Sagepoint a secure website?

    Yes. Protecting your information is very important to us. As such we use a variety of industry standard security measures to ensure against unauthorized access, use, or disclosure of your information and to continuously improve the safety and security of the site. Please see our Privacy Policy for additional details.


    Is there a way to remove the advertising from the pages?

    We are currently developing options for controlling the advertising on your pages.


    Account & Profile

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    How do I create an account?

    Click on Join Today in the upper right corner of any Sagepoint window. Fill in the requested information and click on the Create Account button. A confirmation e-mail will be sent to the e-mail address that you entered. Open the e-mail and click on the link that is enclosed. This will confirm your account and you will be able to login using your e-mail and the password that you entered. (Note: If you do not see the e-mail, please check your Spam folder and add notify@sagepoint.com to your e-mail contact list.)


    What do I do if I forgot my password?

    Click on Login in the upper right corner of a Sagepoint web-page. In the pop-up window, click on Forgot Password? and follow the instructions.


    How do I change or reset my password?

    Login to your account. Click on My Profile in the upper right corner of any page. Click on the orange Change Password button on your profile page and follow the instructions in the pop-up window.


    What should I do if my login fails?

    Confirm that you are using the correct e-mail address or that you have confirmed your account. Click on Login in the upper right corner of a Sagepoint web-page. In the pop-up window, click on Forgot Password and enter your e-mail address. Click Reset Password. If you have registered with us using the e-mail address that was entered, instructions for resetting your password will be e-mailed to you. If you get a pop-up titled "Account Not Registered/Active", click on Join for Free Here to create an account or re-register with the e-mail address you would like to use. If it's possible that you created your account using a different e-mail address, please try that one instead. If you still have problems, please contact us at info@sagepoint.com.


    How do I change my user name?

    At this time, your e-mail address serves as your user name. We may provide options in the future to set-up alternate user names.


    Contact List

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    How do I add contacts to my contact list?

    You can add names directly to your contact list or save them as part of the "Invite Others" step when creating events, sign-ups, etc. To add individual contacts directly to your contact list, click on "My Profile" (upper right) from any Sagepoint page. In the right column, click on "Open" for the Contact List. Click on "New Contact", fill in the information and click Save. When you create an event, contacts that are not already saved to your contact list, will automatically be added when you click Add.


    Can I create a group in my contact list?

    Yes. You can add groups directly to your contact list, save them as part of the "Invite Others" step when creating events, sign-ups, etc., or via New Group under the Groups Tab.
    • To add a group in your contact list, click on "My Profile"(upper right) from any Sagepoint page. In the right column, click on "Open" for the Contact List. Click on New Group, fill in the information and click Save. Click on "Group Members" next to the Group Name to add individual members
    • When you create an event , sign-up or schedule, you can automatically create a new group containing the individuals invited by clicking on the checkbox labeled "Create a group from these contacts with the name {fill in the name}". The group and members will be saved when you click Save Draft or Save & Send.
    • Groups created under the "Group" tab, can also be displayed in the Contact list. Click on the "Group" tab. Click on New Group. When filling in the info, leave the checkbox for "Show in Contact list" checked and click Save Group.


    Can I add more than one contact at a time?

    To add multiple individual contacts at one time, click on New Event. Enter a temporary event name and go to Step 2. Cut and paste a comma or semi-colon separated list of e-mail addresses into the "Invite Others" field and click Add. All the addresses will be saved in your Contact list. Click Cancel to close the event window without saving.


    Calendar FAQ

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    How do I add personal events to my Sagepoint calendar?

    You can add personal events (e.g. doctor visits, bill payments, errands, etc.) by clicking New Event in the upper right corner of any calendar view. Note: Events created from the Home, Sign-Up, Event, Schedule, and Group tabs will also be automatically added to your calendar.


    How do I create weekly or monthly events like practices, lessons, workouts, group meetings or yearly events like birthdays and anniversaries?

    When entering the information for your event, select Daily, Weekly, Monthly, or Yearly from the "Repeats" pull-down menu.


    How do I edit or delete events from my calendar?

    To edit an event, click on the event name. To delete events, place your mouse on the event title then click on the gray circle with the white "X" that appears in the upper right corner of the event box.


    Can I share my calendar with family members, friends, or associates?

    Yes. Click on "My Profile" (in the upper right) from any Sagepoint page. In the right column, under Calendars, click on the pulldown menu labeled Sharing. Select "Share Calendar With" then type in the e-mail address of the person you would like to share with and click Share.

    How do I view a shared calendar?
    If someone has shared his/her calendar with you, you will see a white pull-down menu on the upper left side of your calendar views. To display events from the shared calendar on your personal calendar, click the checkbox next to the calendar you want to see. Click the checkbox again to remove the shared events from your display.

    How do I unshare my calendar?
    Click on "My Profile" (in the upper right) from any Sagepoint page. In the right column, under Calendars, click on the pulldown menu labeled "Sharing". Select the e-mail of the person you would like to unshare with. Click Unshare in the pop-up window and the person will be removed from your list.


    Can I change the appearance of my calendar?

    At this time we provide a limited set of options for customizing your calendar views. From the calendar, click on Settings in the upper right. This will display your user profile which includes Calendar Preferences. We will be adding more options in the future.


    Can I print the calendar pages?

    Yes. Simply click the printer icon in the upper right corner on the calendar pages.


    Events & Sign-ups

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    What is an "Event"?

    An event is any activity that you may want to put on your calendar. You can use Sagepoint to keep track of personal events for yourself and your family or group events that may also include RSVP's and sign-up sheets.

    When creating events, you can just enter basic event information, set up repeating options for weekly, monthly or yearly events, set reminders, invite others, request RSVP's, add a sign-up sheet and more.

    In the Dashboard and Events listings, events to which others are invited are marked with a "Person" icon. Events that include a sign-up sheet are marked with a "Clipboard" icon.

    Events that you are invited to or that you sign-up for will automatically display on your calendar and event listings.


    What is a "Sign-up"?

    A sign-up is an event that includes sign-up sheets. Sign-ups can be used for potlucks, volunteers, donations, meeting times, registrations, and more.


    Creating Events & Sign-ups

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    How do I add a personal event?

    From the Calendar Tab, click on New Event. Fill in your event information, select repeating options and set a personal reminder if desired, then click Save Event.


    How do I create an Invite?

    From the Home or Event Tab, click on New Event. Fill in your event information, click Continue then add the e-mails for your recipients. Click on Save & Send to send immediately or Save Draft to finish editing and send later. If you'd like to include an RSVP, sign-up sheet, reminders or alerts just select those options as you are creating the invitation.


    How do I create a Sign-up Sheet?

    From the Home or Events tab, click on New Sign-up or New Event. In Step 1, fill in the event information and make sure the "Signup" checkbox at the bottom is checked. Click on Continue to enter Items or Tasks, and to add e-mails for your recipients. Click on Save & Send to send immediately or Save Draft to finish editing and send later. If you'd like to include RSVP's, reminders or alerts just select those options as you are creating the sign-up sheet.


    My sign-up does not need a date or time. What do I put in that spot?

    Date and time are required elements for Sagepoint sign-up sheets so that they can be displayed on the Calendar views. If your sign-up does not require a date or time, enter a date & time in the future that corresponds either to the last date that you will accept responses or that is a reasonable time period after which you will discontinue the current sign-up and/or post a new version.


    Can I include a map or directions?

    Yes. In the Basic Information section of your event, go to the Location field and click on the orange "Click Here". Enter the street address in the address fields and a map and directions will be included in your invitation.


    Can I include a photo or image?

    Yes. You can add a photo or image to the description by clicking on the "Insert/edit image" icon in the upper right corner of the Description box. In the "Image URL" field, type or paste the URL to the location on the Internet where your photo or image is stored. Click on the "Appearance" tab. In the left "Dimensions" box, enter a value between 350 and 400. Leave the right box blank. Confirm the "Constrain proportions" box is checked and click Insert at the bottom. The photo or image will be included in both the online Event/Sign-up View and the e-mail notification sent to recipients.
    (Scroll to bottom of any Sagepoint page and click on Examples to see a list of examples.)


    Can I customize the text in my description?

    Yes. You can resize, bold, underline, and italicize text as well as change the color by selecting the corresponding feature in the Description box when creating or editing. The resulting format will be displayed in both the online Event/Sign-up View and the e-mail notification sent to any recipients.


    Why should I "Include an RSVP"?

    Checking "Include an RSVP" means that your invitation will provide a space for recipients to respond yes/no/maybe and the number that will be participating. Sagepoint will automatically track and display the responses and participant count.


    Is there a limit to how many items or tasks I can put on my list?

    We believe our current limits will accommodate most sign-ups. If you find that you have exceeded the limits, please contact us.


    Can I change the order of items or tasks in my lists?

    Yes. When you are creating or editing your sign-up, click on the green up/down arrows to the right of each item in the list. Clicking once moves the item up or down one space. Continue moving your mouse up or down with the item and clicking the corresponding arrow until it is in the desired spot.


    Can I include Headers to group or sub-divide items and tasks in my sign-ups?

    Yes. You can do this by typing the header name or a divider symbol, i.e. "*" or "-" in the "Item Name" or "Task Name" box and then entering "0" (zero) for the quantity needed. This will display the name you typed without a sign-up box next to it.


    Can I add custom fields for people to provide addresses, phone numbers, t-shirt sizes, etc. when signing up?

    Yes. When setting-up the item or task, click on "Custom Fields" to create additional fields for people to complete. Use the pulldown menu to select the field type and then enter the field name in the "Label" field. To create a pull-down menu of choices, use the "List" type and enter the choices in the "Values" field.

    For instance to create fields for collecting Home Address, Phone, Age and T-shirt size:
    For Type, select "Address" and for Label enter "Home Address"
    For Type, select "Text" and for Label enter "Phone"
    For Type, select "Number" and for Label enter "Age"
    For Type, select "List", for Label enter "T-shirt size", and for Values enter "S,M,L,XL,XXL"


    Can I assign people to items or tasks or add people who have signed up on paper?

    Yes. Create your event. Then click Save a Draft. You will be returned to the Event listing page. Under Upcoming Events, find your saved draft which will be listed in grey. Click on the sign-up title to view the sign-up. Click on the items you wish to assign or that people have signed-up for on paper. In the pop-up, fill in their e-mail addresses, quantities, notes, etc. Click Save. Repeat for the remaining items. When finished, click "Done". This will return you to the listing page. Click on the pencil icon in the "Action" column. The "Edit" view will be displayed. Click on Save & Send. You may also assign individuals to items and tasks after the event has been sent. Participants added in this way will automatically be added to the response list and notified via e-mail.


    How do I let people know about a sign-up or event?

    There are two ways to let people know about a sign-up or event.
    1. Add their e-mails to the "Invite Others" field when creating, editing, or viewing your event. You can also allow recipients to invite others by checking the "Recipients can invite others" field under Invitation & Response Options. Individuals who receive an e-mail invitation directly from Sagepoint are able to respond without creating an account.
    2. Publish the "Event Link" on other websites or on flyers. Individuals who view the event through the "Event Link" will need to create a free Sagepoint account and login in order to respond.


    Can I create a custom "Event Link" to post on other websites or to print on a flyer?

    Yes. After you have saved your Event, go to the listing and click on the event title to "View" the event. Below the Description area, you will see Event Link listed. Click on "Click here to create a link" to display the alphanumeric link for your event. You can cut and paste this link or create a custom link by typing in the desired name, i.e. http://www.sagepoint.com/MyEventLink and clicking create. Note, if the name is already in use, you will be asked to choose another name.

    How do I include individuals who do not have email addresses?

    To invite or notify them, you can print out a copy of the invitation to give or mail to them. To add them to a sign-up sheet, sign up for the item or task using your own e-mail, then enter his/her name in the "Note" field.


    Can I include a personal message to my recipients?

    Yes. If you have "Invited Others" to your event, after you click on the Save & Send button for an event, you will have the option to add a personal message.


    Can I import email addresses from an address book?

    We will be adding the ability to import address books in the future. In the meantime, you can type or cut and paste multiple email addresses separated by spaces, commas, or semi-colons into the "Invite Others" entry box. To invite a group of people that you have sent Sagepoint invitations to previously, you may also "Copy" an existing Event using the Copy icon in the "Action" column on the Home dashboard or Event list pages. This will include all the details and e-mail list from the previous event. The copy can then be edited as needed to create a new invitation.


    Do recipients have to be registered on Sagepoint to be able to view or respond to sign-ups or events?

    No. Recipients do not need to be registered on Sagepoint. Anyone who is invited via the "Invite Others" field for the event may view the invitation and respond without registering by clicking on the personalized link in his/her e-mail. Users who view the event through the "Event Link" from a website or flyer though, will need to register in order to respond.



    Managing Events & Sign-ups

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    How can I tell if my sign-up or event notification has been sent?

    When you click Save & Send, a pop-up window will display a confirmation indicating that the invitation has been sent. The system will also e-mail you a copy of your invitation (unless you remove yourself from the e-mail list).


    How can I tell who has looked at my sign-up /event?

    From the Dashboard or Events listing, click on the event title to bring up the event view. Scroll to the bottom to see the responses. If the recipient has viewed the event, but not yet responded, his/her name will be shown in blue. You may also request that the system notify you via e-mail when a recipient has viewed the invite/event by selecting this option under Reminders & Alerts when you are creating the event.


    Some of my recipients indicate that they did not get my email. What should I do?

    Ask them to check their Spam folders and add notify@sagepoint.com to their contact list.


    Where can I see a list of my recipients and their responses?

    From the Dashboard or Events listing, click on the event title to bring up the event view. The recipient list will be displayed at the bottom. If you requested RSVP's, these will also be displayed at the bottom. Sign-up responses are displayed to the right of the items/tasks.


    How do I RSVP or sign-up for events/sign-ups that I create?

    From your Home dashboard or Event tab listing, click on the event title to bring up the event view. From here you can RSVP and/or sign-up for items and tasks. As the organizer, you can also enter RSVP's for others and sign-ups for others. To enter RSVP's, view your event and select the person's name from the "RSVP for" pulldown. To sign-up a person, click on the green "Sign-Up" button next to the desired Item or Task and enter his or her e-mail address in the pop-up.


    How do I edit a sign-up/event?

    Go to the Event listing on your Home dashboard or Event tab. Click on the Pencil icon to the right of the event title.


    How do I notify recipients of updates or changes to my event? Will my RSVPs or sign-ups be lost?

    Once you have finished making change(s), click on the Save Changes button at the bottom of the Edit window. A pop-up box will confirm that your changes have been saved and will allow you the option to "Notify recipients of the change(s)". If you are simply changing information regarding the details of the event, existing RSVP and Sign-Up information should be retained.


    How do I delete a sign-up/event? Will recipients be automatically notified?

    Go to the Event listing on your Home dashboard or Event tab. Click on the red circle icon with the white dash. A pop-up window will ask you to confirm removal and whether you would like to notify recipients.


    I accidentally deleted my sign-up/event. Can I get it back?

    Once you have deleted an event, it is permanent. To minimize the chance of accidentally deleting an event, the system will ask you to confirm that you want to delete the event before it does so.


    Can I go back and add a reminder to my sign-up/event even after I have completed and sent it?

    Yes. Simply click on the "Pencil" icon to the right of your event listing in the Event Tab. Click on Edit Guests & Options and then on Reminder & Alert Options to select your choice. Then click on Save Changes.


    Can I print my invitation or sign-up?

    Yes. When viewing the event information in your browser, click on the orange Printable View button in the upper right corner. This will display a printable version of the information. Select the sections you'd like to print, i.e. Event Details, Directions, Responses, Sign-Ups and click on the Print button.


    Can I export my sign-up information to Excel or a csv file?

    Yes. View the event information in your browser. Look for Export towards the bottom of the description area and click on the orange "Download CSV File" text.


    Home - Dashboard

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    What information is shown on the Dashboard?

    The Dashboard provides an at-a-glance overview of your upcoming activities, schedules, and groups. The Dashboard lists the next five upcoming invitations from others and next ten upcoming sign-ups and events that you have created. This includes individual activities from schedules you have created or received from others.


    Why can't I find my sign-up/event on my Dashboard?

    The Dashboard lists only a subset of upcoming events. Click the Events tab to see a complete list of your upcoming and/or past events. If you still cannot find your event, please contact us.


    How do I view and manage items on the Dashboard and Listing pages?

    To view the details of an activity, click on the name. To edit, copy or delete an activity, click on the corresponding icon in the "Action" column on the right side of the event listing.


    Why does my sign-up/event say "Draft" next to it?

    When an event is saved in Draft mode, it is listed in gray and denoted with a "Draft" marking. This highlights to the creator that these events require additional attention. Drafts enable event organizers to set up invitations or notifications and defer sending them until a later date or until all information has been completed.


    Responding to Sign-ups and Event Notifications

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    Do I need an account on Sagepoint to respond to a sign-up/event?

    If you clicked on the personalized link in a Sagepoint e-mail from the organizer, you do not need an account to respond. If you clicked on the "Event Link" from another website or typed in the link from a flyer, you will need to create an account.

    In both cases, setting up an account and logging in will enable you to easily see your invitations, change responses, and quickly create your own invitations, event notifications, and sign-ups. You can further expand the usefulness of the site by using the calendar to organize your personal activities as well.


    I cannot find the event/sign-up on the site. What do I do?

    Click on the link in your original e-mail notification. If this does not bring up the event view then contact the organizer to confirm that it is still active. (Just click on the organizer's e-mail in the invitation.) If there is still a problem, please contact us.


    How do I come back to view my sign-up at a later time?

    There are two ways to do this. We recommend that you create an account on Sagepoint and use the Calendar or Event listings to conveniently track and view all your upcoming events. The other option is to click on the link in the e-mail invitation you received.


    Can I print the invitation or sign-up?

    Yes. When viewing the event information in your browser, click on the orange Printable View button in the upper right corner. This will display a printable version of the information. Select the sections you'd like to print, i.e. Event Details, Directions, Responses, Sign-Ups and click on the Print button.


    How can I ask the organizer a question?

    You can contact the organizer by clicking either on the organizer's e-mail address in the e-mail notification or the E-mail the organizer link in the Invitation view on Sagepoint . If he or she has provided a phone number, it will be displayed in the e-mail notification and in the Invitation view as well.


    Will the organizer know if I change my RSVP, or do I need to send an email?

    When you change your RSVP, this will automatically be updated in the response summary that the organizer sees. You can also include a note with your RSVP if you would like. The organizer will be notified automatically via e-mail if he/she selected that option when setting-up the invitation.


    I signed up to bring something but I need to make a change. What do I do?

    View the invitation on the Sagepoint site by logging in and clicking on the event title in your Event listing or by clicking on the link in the e-mail notification you received. You can remove yourself from an item by clicking on the red circle icon for the items you have "Signed up" for. If you wish to change the quantity or notes, click on the box for the item you "Signed up" for. A pop up window will allow you to make your desired changes. Click Sign up to save your changes. Scroll to the bottom of the page to Close Invitation.


    Will I get a reminder about my sign-up or event, even if I do not have an account with Sagepoint?

    If the organizer has set-up automatic reminders, this will be noted in the event invitation. You will receive them in your e-mail regardless of whether or not you have a Sagepoint account.


    Can I see others who have signed up for the event?

    Yes, if the organizer has selected this option.


    I think there is a problem with the sign-up/event. Who do I contact?

    Depending on the nature of the problem, you can either e-mail the organizer by clicking on the "E-mail the organizer link" in the invitation or contact us by sending an e-mail to info@sagepoint.com.


    Reminders

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    What is an event reminder?

    A reminder is an e-mail notification regarding an upcoming event on your calendar. You can set-up personal reminders for events that you create and guest reminders for events that you have invited others to. You may also receive reminders for events created by others that you are participating in.


    Can I set up more than one reminder for an event?

    You can setup one reminder for each personal event. For events to which others are invited you can setup one personal reminder, one RSVP reminder, and up to two event reminders. You can also set up sign-up reminders. In this case, the people who have signed-up for an item, task, or timeslot will receive a reminder relative to the time needed.


    How do I know if the organizer will send a reminder for events that I am participating in?

    If the organizer has setup automatic reminders, they will be noted in your e-mail notifications and in the event views.


    Can I add a reminder to my sign-up/event even after I have completed and sent it?

    Yes. Simply click on the "Pencil" icon to the right of your event listing in the Event Tab. Click on Edit Guests & Options and then on Reminder & Alert Options to select your choice. Then click on Save Changes.


    Will I get a reminder about my sign-up or event, even if I do not have an account with Sagepoint?

    If the organizer has set-up automatic reminders, this will be noted in the event invitation. You will receive them in your e-mail regardless of whether or not you have a Sagepoint account.


    Schedules

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    What is a "Schedule"?

    A "Schedule" is a set of related events and the corresponding dates, i.e. a practice schedule, snack schedule, carpool schedule, volunteer schedule, etc. The day of the week, time, and locations may be the same or different for each event on the schedule. Each date on the schedule may also have separate RSVP's and/or sign-ups.


    How do I set-up schedules for meetings, practices, and events?

    Once you have logged-in, click on New Schedule from the Home or Schedule tabs. In Step 1, fill in the basic schedule information, then in Step 2 add the information for each Event in the schedule. You can optionally add sign-up items, RSVP's, automatic reminders, and/or a custom e-mail message for recipients.


    Can I request RSVP's and/or sign-ups for each event in my schedule?

    Yes. You have the option to add sign-ups and/or RSVP's when creating and/or editing your schedule.


    Can I assign people to items or tasks or add people who have signed up on paper?

    Yes. Create your schedule. Then click Save a Draft. You will be returned to the listing page. On the Home Dashboard or Schedule Tab, find your saved draft which will be listed in grey. Click on the Schedule name to view the sign-up. Click on the items or tasks you wish to assign or that people have signed-up for on paper. In the pop-up, fill in their e-mail addresses, names, quantities, notes, etc. Click Save. Repeat for the remaining items. When finished, click "Done". This will return you to the listing page. Click on the pencil icon in the "Action" column. The "Edit" view will be displayed. Click on Save & Send. You may also assign individuals to items and tasks after the schedule has been sent. Participants added in this way will automatically be added to the response list and notified via e-mail.


    Are reminders sent for each event in my schedule?

    Yes. If you turn on the reminders feature, reminders will be sent before each event in your schedule.


    Can I create a custom "Schedule Link" to post on other websites or to print on a flyer?

    Yes. After you have saved your Schedule, go to the listing and click on the schedule name to "View" the schedule. Below the Description area, you will see Schedule Link listed. Click on "Click here to create a link" to display the alphanumeric link for your schedule. You can cut and paste this link or create a custom link by typing in the desired name, i.e. http://www.sagepoint.com/MyScheduleLink and clicking create. Note, if the name is already in use, you will be asked to enter another name.


    Groups

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    What is a Group?

    On Sagepoint, a "Group" is a collection of e-mail addresses. A group may correspond to individuals who are part of the same e-mail alias in a contact list or to real world family, social, volunteer, school, church, team or other groups.


    What services do you offer for Groups?

    Sagepoint currently provides "Group Pages" for posting and responding to messages and for managing events, sign-ups, and schedules. If your group has a website or Group pages on another site, add a Sagepoint "Group Link" to use our message board for communications or use Sagepoint "Event Link" or "Schedule Link" url's as an easy option for tracking RSVP's and sign-ups for activities and events.


    How do I create a Group?

    Once you are logged in, Click on New Group from either the Home or Group tab. Fill in the fields and click Save.


    How do I add members to a Group?

    Once you have created a Group, go to your Group listing, click on the Group Name and click "View Members". To add members, enter or cut and paste the e-mail addresses of group members and click Add. You can add more than one member at a time by separating the e-mail addresses with commas or semi-colons.


    Who can see my Groups?

    Group visibility can be set to "Owner only" (default) in which case only the owner can see the group related information, "Member only", in which case members can see group messages, events, sign-ups, and schedules, and "Public", in which case anyone may view group messages, events, sign-ups, and schedules. Separate settings are provided to allow members to see each other and/or to add others.


    Are all Group members automatically included in events, sign-ups, and schedules created for the Group?

    Yes. All members are added to the "Invite Others" list by default. However, the organizer may remove specific members from or add other non-group members to the list as desired. The organizer may also enable members to "Invite Others" to specific events or sign-ups.


    Can I create a custom "Group Link" to post on other websites or to print on a flyer?

    Yes. After you have saved your Group, go to the listing and click on the group name to "View" the group page. Below the Description area, you will see Group Link listed. Click on "Click here to create a link" to display the alphanumeric link for your group. You can cut and paste this link or create a custom link by typing in the desired name, i.e. http://www.sagepoint.com/MyGroupLink and clicking create. Note, if the name is already in use, you will be asked to pick a another name.


    What is the difference between a Contact List Group and other groups?

    A Contact List group is primarily a convenience feature in that it allows you to easily add multiple saved e-mail addresses to the "Invite Others" field when creating events, sign-ups, etc. A Group Tab Group enables you to manage and view all the information for a Group in one place, i.e. member list, announcements, events, sign-ups, schedules, etc. All items created from within the Group pages automatically include all group members and are displayed in the Group's listings.

    When creating an Event, Sign-up, or Schedule, if you click the checkbox to "Create a group from the recipients" for the event, a Group will be created in the contact list and a Group page will be set-up that includes the event. If you want subsequent events to be listed in the Group pages, they should be created by clicking "New Event" from within the Group pages. For events where you just want to include the group e-mail addresses without associating the event with the Group page, click on "New Event" from the Home Dashboard or Event tab and then select the group from your contact list when you get to the "Invite Others" step.



    Fundraising

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    How do I fundraise/earn money with Sagepoint Spirit Ad™ Sponsors?

    Checking the "Fundraise" checkbox when creating an Event allows businesses to purchase Spirit Ad listings on your Event. Spirit Ad listings display businesses names, logos and/or business info in the right margin of your Event view. Sagepoint pays you a commission for each Spirit Ad sponsorship purchased through your event. A self-maintaining widget allows you to show the sponsor info on other Sagepoint event, schedule, and group views as well as on other websites. The more exposure and benefits you provide, the more you can charge for your Spirit Ad sponsorships. Click "Examples" at the bottom of any Sagepoint page for ideas.


    Why should I allow fundraising on my event pages?

    Sagepoint offers Spirit Ad fundraising as an easy way for anyone to fundraise or earn income online. Spirit Ad campaigns can be used as stand-alone fundraisers, to simplify sponsor sign up and recognition for events, or to monetize web and group pages. Spirit Ad listings on your group websites and pages are any easy way for members, neighborhood merchants, friends, and family to promote their businesses and support your group or cause at the same time. You can also add Spirit Ad listings to party and potluck sign-ups to help Aunt Mary promote her real estate services, Uncle George to showcase weekly specials at his restaurant, and your neighbor Kim to provide online coupons and special offers for her cupcake shop. Use the money earned to cover your events costs or donate to a favorite cause. Use Spirit Ad campaigns as passive "armchair" fundraisers or maximize your earnings by e-mailing, calling, or visiting local merchants with an Ipad in hand to capture credit card payments on the spot and avoid the hassles of cash and check handling. Spirit Ad listings can be used in all sorts of creative ways to fundraise, help others, and build community spirit. We're excited to see what you come up with.


    Are there any examples available?

    Yes. Click on "Examples" at the bottom of any Sagepoint page or go to www.spiritad.com.


    How do I set up a Spirit Ad fundraiser?

    Login to your Sagepoint account. From the Home, Event, or Group Tab, click on "New Event". Fill in the fields with basic information about your event or fundraiser and check the "Fundraise" check box towards the bottom of the form. Click on "Continue" to customize the details.


    Can I customize the Spirit Ad Sponsor levels?

    Yes. In Step 2 when creating your Event or when editing your Event, you can customize the Spirit Ad levels and pricing. To use the default settings, just leave everything as is. To make changes to the number of levels, names, benefits, and prices, click on the pencil icon to "Edit".


    What benefits are available to Sponsors?

    Sagepoint provides several online benefits for your Sponsors. All paid sponsorships support automatic links to sponsor websites. Additional choices include listings in Sagepoint e-mail footers, displaying logos (v. text only), creating coupons or special offers, and being featured in the rotating TopSpot widget. You can select which benefits to offer by checking the corresponding checkboxes when defining each level. In addition to displaying sponsor info on Sagepoint pages, we provide you with printable flyers that can be handed out and html "Ad Code" widgets for recognizing sponsors on your group websites and pages. The widgets automatically update with new sponsor info, so webmasters don't have to manually upload logos and maintain the information.

    If your Spirit Ad campaign is part of an event, you may also choose to offer "Extras" such as complimentary tickets, listings on t-shirts and signage, sponsor info & coupon flyers in gift bags or registrations packets, and so on. Extras can be described in the "Additional Benefits" field for each sponsor level.


    How much do Spirit Ad listings cost?

    You set the price of the Spirit Ad listings you sell. The minimum price is $25. You may choose to offer from one to four paid levels. When setting pricing, consider the value of benefits offered, you're fundraising goals, and your audience. There is also a free "In-Kind" level that can be used to recognize donors who provide non-cash contributions. In-kind listings are text only and do not support a URL link.


    Can I limit the types of businesses displayed on my pages?

    Yes. Sponsor information will not be displayed on your pages until you have approved the submission. When a sponsor signs up, you will receive an e-mail notification to review the info. Sponsors you approve will have their info displayed, be charged for their listings and automatically receive an e-mail receipt. Sponsors you do not approve will not be displayed, will not be charged and will receive an e-mail notification stating their submission was denied. You may add a personal message to both the approval and denial e-mails.


    Can I limit the number of sponsors?

    Yes. You can specify the number of sponsorships available for each level or leave it unlimited.


    How do I recruit sponsors?

    You can recruit sponsors by sending automatic invitations using Sagepoint, by sending personal e-mails or letters, calling, distributing flyers, or visiting in person. A few tips for each of these methods are below. For more details, go to http://www.spiritad.com/HowTo

    Automatic Sagepoint e-mails:
    To send automatic e-mail invitations to potential sponsors, enter or cut and paste their e-mails into the "Invite Sponsors" or "Invite Others" field and click "Add". If you are creating or editing the event, invitations will be sent when you click "Save & Send" or "Save Changes". If you are viewing a saved event, you can invite Sponsors by adding their e-mails to the "Invite Others" field and clicking "Invite".

    Personal e-mails, letters, flyers, and calls
    In these cases we recommend setting up a custom Event Link that can be used to easily direct recipients to your Sagepoint page, for instance www.sagepoint.com/FallSponsorListings
    To create a custom Event link, create and save your fundraising event in Sagepoint. From the Fundraising Tab, click on the Event name to view it. In the Organizer Tools area near the top you will see, "Event Link". Click on the text and a pop-up will display where you can enter a custom name and save it. Use this custom Event link in your personal e-mails, letters, flyers, and calls.

    In-person visits
    In this case we recommend you bring an iPad or other internet-connected device. Open the sponsor sign-up page in one window or tab and an example in another window or tab. Sign-up sponsors on the spot by clicking the "Sponsor" button for the desired level. Fill in their business info in Step 1. Depending on preference and time available, have them immediately "build their business card" in Step 2 or direct them to go to Sagepoint at a later time to create a free account and login to add a logo, business description and/or special offers. Continue to Step 3 to capture their credit card information. Let them know they will receive an automatic e-mail receipt when their information is approved by the fundraising organizer and their card will not be charged until the approval is granted. If you are the Organizer, you can approve the Sponsorship right there by logging in, viewing the event and clicking on the blue "Pending" button to approve the sponsorship. Let them know that they may login to update their business info or change their coupons and special offers at any time free of charge. The fundraising organizer will receive an automatic e-mail notification regarding the changes and the updated information will display as soon as the organizer approves the changes. Thank them for their sponsorship.


    How do Sponsors sign up for or purchase a Spirit Ad sponsorship?

    Sponsors can view the sign up by clicking on a link in the automatic e-mail from Sagepoint or by typing the custom event link in their browser URL. To sponsor a level, simply click on the "Sponsor" button for the desired level. You will be taken through three different pop-ups to enter basic business information, build a "business card", and enter payment information.


    Can I request RSVP's, register participants and/or sign-up volunteers, donors, and sponsors in one Sagepoint event page?

    Yes. You can do everything on one "Event" page. Depending on the size of your event, it may make sense to create separate Sagepoint sign-ups for sponsors, volunteers and participants. You can associate them by adding the event links of the other two sign-ups to the description area of the third. See the Examples on this site or at www.spiritad.com. To display Sponsor listings on all three pages, see below.


    How do I display Sponsor listings on my Sagepoint pages?

    The Event page that Sponsors sign up on will automatically display the information on the right side. For other Sagepoint Event, Schedule, and Group pages, enter the "Fundraising Code" from the Sponsor sign-up event. To get the code, view the event, go to the "Organizer Tools" area and click on "Ad Code". Copy the "Fundraising Code" from the first section in the pop-up.


    How do I display Sponsor listing on other web pages?

    View the Sponsored Event by clicking on its name in the Fundraising Tab. In the "Organizer Tools" area, click on "Ad Code". The "Ad Link" url can be added to any website or Group Page. The TopSpot widget (rotating business card banner) and Logo widget (vertical column of sponsors logo's and names) can be pasted into the html code or a custom html block for most websites.


    Can anyone set up a Spirit Ad Campaign?

    Yes, anyone can set up a Spirit Ad Campaign. You can sell Spirit Ad listings as a fundraiser for a group or cause, to help cover costs for an event, or to earn extra income. (Note, we are currently setup for US $ only.)


    How do I know how much I've earned?

    Click on the Fundraising Tab to see the status of your campaign. Note: The "Collected" amount includes only approved sponsorships and monetary donations. The $ value of In-Kind donations is not included.


    How much do I get paid?

    You will be paid graduated commissions based on total Spirit Ad sales during a given 12-month period. For current rates, login and click on "Commissions" in the footer of any page.


    How do I get paid?

    You can request a check for the funds earned at the end of your fundraiser, i.e. when the event "End Date" has passed by clicking on "Funds Available" in the Event View and providing the requested information. You may also send an e-mail request whenever you have accumulated at least $50 of commissions. You will need to provide your name, e-mail, US mail address, and the "Event Name(s)" of the fundraising events you would like funds dispersed from. (Note: For commission payments of $600 or more to a single payee in a single calendar year, we will require confirmation/written documentation of tax-exempt status or W-9 information for the payee.)


    Can I donate/designate the commissions earned to someone else?

    Yes, just enter the name of the person or organization as the "Payee" when you request your funds. (Note: For commission payments of $600 or more to a single payee in a single calendar year, we will require confirmation/written documentation of tax-exempt status or W-9 information for the payee.)


    For additional instructions, ideas, tips, and strategies, visit www.spiritad.com


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    Please e-mail us at info@sagepoint.com. Include the exact error message you are getting, the sequence of events that led-up to the error and tell us which Internet browser (i.e. Internet Explorer 6, 7 or 8, Mozilla Firefox, etc.) and Operating System (i.e. Windows XP, Windows Vista, Windows 7, Mac, etc.) you are using.


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    I have a comment or suggestion for Sagepoint. How do I contact you?

    Send an e-mail to info@sagepoint.com or write to us at:

       Sagepoint Solutions, LLC
       14900 Avery Ranch Blvd., Suite C200
       Austin, TX 78717

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    Austin, TX 78717

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    User Agreement
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    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".


  • Done

    User Agreement
    X 

    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".


  • Done

    User Agreement
    X 

    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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