Terms and Conditions

Last Updated 05/23/2017

TERMS OF USE ACCEPTANCE

Your access and use of Jumpsuit Commerce LLC’s (“Jumpsuit”) DonorZen website and its associated applications and services (“Website”) is subject to the following terms and conditions (“Terms of Use”). By using the Website, You are fully accepting the terms, conditions and disclaimers contained herein and agree to be bound by them. In addition, Your use of the Website is subject to all applicable laws and regulations.

References to “You” or “Your” shall mean the users of the Website (“Users”), individuals wishing to make donations (“Donors”) or Jumpsuit clients utilizing the Website (“Clients”) depending on the context in which those terms are used.

GENERAL RULES

The Website facilitates fundraising and donor management but is not responsible to ensure that Donors actually pay their pledges. You agree that the Website acts only as a passive platform, without any obligation to monitor content or disputes between or among Clients, Donors and Users. Client agrees to not abuse Donors’ or Users’ personal information. The definition of abuse includes, but is not limited to, using personal information for any purpose other than those explicitly specified in the Client’s campaign.

LEGAL USE

As a condition of use, You agree not to use the Website for any purpose that is prohibited by the Terms of Use or law. You shall not take any action, or submit content, that:

A. Is not in compliance with all laws and regulations.

B. Damages, overburdens or impairs the Website, Jumpsuit’s networks or systems.

C. Interferes with another’s legal rights or use of the Website.

D. Promotes terrorism, racial intolerance, abuse, libel, hate, property damage or violence.

E. Collects information about others without their consent.

F. Contains software viruses or any other corrupt codes, files or programs that impair the use of any computer software or hardware or telecommunications equipment.

G. Attempts to interfere with or compromise the Website’s integrity or security.

H. Impersonates another person or that misrepresents Your affiliation with a person or entity.

I. Is misleading, fraudulent or hides, or attempts to hide, Your identity.

INFORMATION ON THIS WEBSITE

The contents of this Website are protected by law, including, but not limited to, United States copyright law and international treaties. The material and functionality provided herein are used for information and convenience purposes only, and do not constitute advice, recommendations or counsel. The contents should not be relied upon in any way other than for informational purposes. The contents are subject to change without notice to You. Jumpsuit makes no representation that the materials on this Website are accurate, appropriate or available for use in all locations. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein.

INTELLECTUAL PROPERTY

By submitting content and other intellectual property (“Submission”) on the Website, You agree to the following terms:

A. You are publishing Your Submission, and You may be identified publicly by Your name in association with Your Submission.

B. You further agree that Your Submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material and to grant Jumpsuit the entire license rights granted herein.

C. You will pay all royalties and other amounts owed to any person or entity based on Your Submissions.

E. Jumpsuit shall have the right to delete, edit, modify, reformat, excerpt, or translate any of Your submissions.

F. All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated.

G. Jumpsuit will not be liable for any errors or omissions in any Submission.

H. Jumpsuit cannot guarantee the identity of Clients, Donors or Users with whom You may interact while using the Website.

I. All content You access through the Website is at Your own risk and You will be solely responsible for any resulting damage or loss to any party.

FEES

Donors and Users pay no fee.

Client shall pay Jumpsuit a fee based on the following schedule




Jumpsuit will deduct its fee from the Client’s gross proceeds.

USE RESTRICTIONS

The copyright in all material provided on this Website is held by Jumpsuit Commerce LLC or by the original creator of the material together with Jumpsuit. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, or posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of Jumpsuit or the copyright owner. Any unauthorized use of any material contained on this Website may violate laws of the United States and other territories including, but not limited to, copyright laws, trademark laws, the laws of privacy or publicity, and communications’ regulations and statutes.

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Website are the Trademarks of Jumpsuit Commerce LLC and others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, without the express written permission of the Trademark owner. The name donorzen.com or the donorzen.com logo may not be used in any way without prior written permission from Jumpsuit. Jumpsuit prohibits use of the donorzen logo as a hypertext link to the Website unless the establishment of such a link is approved in advance by Jumpsuit in writing. Clients’ names are the trademarks of the respective organization and are used on the Website for identification purposes only.

LINKS

If this Website includes hypertext links to sites controlled or hosted by third parties, Jumpsuit is not responsible for, and does not endorse, the contents of such web sites.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES AND TOOLS ON THE WEBSITE ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK EXCEPT AS EXPRESSLY PROVIDED HEREIN. JUMPSUIT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. JUMPSUIT HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. JUMPSUIT MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE.

INDEMNIFICATION

You agree to release, indemnify on demand and hold Jumpsuit and its affiliates and Jumpsuit’s and its afilliates’ officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Website.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will Jumpsuit or its directors, employees, agents, subcontractors, partners or licensors be liable under any legal or equitable theory for any lost profits, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever, costs for procuring substitute products or services, substitute goods, including, but not limited to, any damages resulting from any bugs, viruses, trojan horses, or the like (regardless of the source of origination). Jumpsuit shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond its reasonable control.

TERMS OF USE REVISIONS

may at any time revise these Terms of Use by updating this posting. By continuing to use this Website, You agree to be bound by any such revisions.

ARBITRATION

claims and disputes arising under, or relating to, this Agreement are to be settled by binding arbitration in the city of Honolulu in the state of Hawai’i. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award, as a result of any such arbitration proceeding, shall be in writing and shall provide an explanation for all conclusions of law and fact, and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

MISCELLANEOUS

litigation between Jumpsuit and You shall be governed by the laws of the State of Hawai‘i. The state and federal courts in Honolulu Hawai‘i have exclusive jurisdiction over such litigation. The Website’s services shall be deemed a passive one that does not give rise to personal jurisdiction over Jumpsuit in jurisdictions other Hawai’i. This Agreement and other referenced material shall constitute the entire agreement between You and Jumpsuit. If any provision of the Agreement is found to be unenforceable or invalid, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect and enforceable.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.