Terms and Conditions
1. ACCEPTANCE OF TERMS

Marketing Concepts Co. ("MCC") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using this service, you and MCC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MCC may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

MCC currently provides users with access to a collection of data for various fundraising programs, (the "Service"). You also understand and agree that the service may include certain communications from MCC, such as service announcements and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MCC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MCC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any data or display information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

You must be at least 18 years of age to view all information.

3. PRIVACY POLICY

No information is collected from personal computer hardware or software. Use of the Service is completely unanamious. No information is sold to third-party vendors.

4. MEMBER CONDUCT

You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("Content"), posted by MCC are the sole possession of MCC.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  3. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

You acknowledge that MCC shall have the right (but not the obligation) in their sole discretion to refuse, or move any Content that is available via the Service. Without limiting the foregoing, MCC shall have the right to remove any Content that violates the TOS.

5. INDEMNITY

You agree to indemnify and hold MCC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content made available through the Service, your use of the Service, your connection to the Service, your violation of the TOS.

6. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7. MODIFICATIONS TO SERVICE

MCC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MCC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION

You agree that MCC may, under certain circumstances and without prior notice, immediately terminate your MCC account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your MCC account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MCC's sole discretion and that MCC shall not be liable to you or any third-party for any termination of your account or access to the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MCC has no control over such sites and resources, you acknowledge and agree that MCC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. MCC'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MCC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. MCC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 11 MAY NOT APPLY TO YOU.

14. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

15. NOTICE

MCC may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

16. TRADEMARK INFORMATION

The MCC, MCC logo, trademarks and service marks and other MCC logos and product and service names are trademarks of Marketing Concepts Co. ("MCC"). Without MCC's prior permission, you agree not to display or use in any manner, the MCC Marks.

17. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and MCC and govern your use of the Service, superceding any prior agreements between you and MCC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MCC services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and MCC shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and MCC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mercer, Pennsylvania.

Waiver and Severability of Terms. The failure of MCC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


18. VIOLATIONS

Please report any violations of the TOS to our Customer Care group.



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