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Terms & Conditions

Welcome to epartnersingiving.com. These Terms and Conditions govern Your use of this web site and the various online services provided by e-Partners in Giving, LLC. Please carefully review these Terms and Conditions before using the e-Partners in Giving web site ("the Site"). Use of the Site and all its tools and functions is governed by these Terms and Conditions, and apply to donors, non-profits, registrants and all other users (collectively called "Users") of the e-Partners in Giving Site. If for any reason You do not agree to be bound by these Terms and Conditions, please leave the Site immediately.

1. TERMS AND CONDITIONS

By viewing, using, accessing, browsing, or submitting any content or material on or to the Site, You agree to these Terms and Conditions as a binding legal agreement between You and e-Partners in Giving, LLC, without limitation or qualification.

If You do not agree to these Terms and Conditions, then You may not use the Site. e-Partners in Giving, LLC, reserves the right to modify these Terms and Conditions at any time without prior notice. You agree that each visit You make to the Site shall be subject to the then-current Terms and Conditions, and continued use of the Site now or following modifications in these Terms and Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.

e-Partners in Giving, LLC, grants You permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, or print individual pages of this Site in accordance with these Terms and Conditions and solely for Your own personal, non-commercial use, provided You do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

(a) The Users: By using the Site, You (i) are bound by the terms and conditions set forth herein, (ii) agree to comply with the e-Partners in Giving Privacy Policy; (iii) agree to comply with any technical specifications, rules of operation or security procedures set forth by e-Partners in Giving from time to time on the Site; (iv) agree to authorize e-Partners in Giving to serve as Your agent and on Your behalf, regarding donation services and personal page ("Donation Page") maintenance and regulation.

(b) e-Partners in Giving: If You are a User, e-Partners in Giving will (i) be paid and process Your online donations made through the Site; (ii) hold the funds received through online donations in a non-operating bank account; (iii) remit funds to the designated non-profit by check or electronically, and (iv) send a donation acknowledgement and a transaction receipt to Users.

(c) Non-Profits: e-Partners in Giving will generate reports identifying, where available, the name, email and transaction accounting details of the individuals or entities who have made online donations to the designated organization along with a check for the amount of collected online donations. The first time e-Partners in Giving submits a designated donation to the non-profit, it will be sent via United States Postal Service, along with a letter of introduction, a check for the amount donated, and the before-mentioned report of donors.

(d) e-Partners in Giving Donation Pages (User Accounts): e-Partners in Giving makes this feature available for use by the general public, non-profit users, or corporate entities subject to these Terms and Conditions. When You use this feature for any purpose, You will be asked for Your name, address, email address, and other information to identify yourself or your organization and You will be given the option to create an e-Partners in Giving Donation Page. In order to access and use the service aside from making a donation, You must complete the account creation process. Access to secure areas is restricted to Users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When You create an account with e-Partners in Giving, you will need to choose a password to access the e-Partners in Giving services. You are responsible for maintaining the confidentiality of Your password. Keep Your password in a secure place and do not allow any unauthorized persons access to Your password. If You become aware of any unauthorized use of Your password or other security breach, notify e-Partners in Giving immediately. If a Donation Page was created on a Users behalf based on a partnership with a third-party, the User will complete the creation process the first time the site is accessed.

2. DONATIONS

If You are a Donor or an individual/corporate entity requesting a donation You are solely responsible for ensuring that You have selected the correct organization to donate to or fundraise for. All donations to non-profits will be made as unrestricted gifts unless specified for a particular purpose. The amount of donations to the non-profit designated by You are charged on your credit card and paid to, and processed by, e-Partners in Giving. All donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as e-Partners in Giving forwards the donations to the non-profit. Users agree not to use an invalid or unauthorized credit card in making transactions on the e-Partners in Giving Site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the User's payment card is proved. If You become aware of fraudulent use of Your card, or if it is lost or stolen, You must notify Your card provider in accordance with its reporting rules.

3. PROCESSING FEES

Donors will pay requested online donations by credit card or debit card to e-Partners in Giving.

Individual Donation Pages: The fees added to the online donations will be paid to e-Partners in Giving at the time of the transaction. The Convenience Fee ($4.15) and the Transaction Fee (4.04%) will be added to their donation upon checkout. Payment to the designated non-profit organization will be made (a) one week following the date of the designated event; (b) once a week for the four weeks following the designated event, and (c) monthly after those four weeks. Donors will receive an electronic acknowledgement once their donation is sent to the designated non-profit. These payment schedules are subject to change at any time at the sole discretion of e-Partners in Giving. Non-profit users will be responsible for taxes based on its net income or gross receipts.

Non-profit Donation Pages: The fees are applied according to the agreement between e-Partners in Giving and the non-profit partner. The Convenience Fee ($4.15) and the Transaction Fee (1.99%) can be added to their donation upon checkout or paid by the non-profit after the transaction. Payment to the designated non-profit partner will be made (a) once every seven business days. Donors will receive an electronic acknowledgement once their donation is sent to the designated non-profit. These payment schedules are subject to change at any time at the sole discretion of e-Partners in Giving. Non-profit users will be responsible for taxes based on its net income or gross receipts.

4. DONATION PAGES (USER ACCOUNTS/INFORMATION)

(a) Information. You agree that You are the sole owner and creator of all content on Your Donation Page the text, photographs, pictures, likenesses, digital materials, image files, and any other information or materials of whatever nature submitted or posted by You on the Site. Any information, ideas, or opinions posted by Users on the e-Partners in Giving Site do not necessarily reflect the views of the e-Partners in Giving staff; e-Partners in Giving does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions.

You acknowledge that the User information is true, accurate and complete in all respects and that You will NOT:

harass, defame, intimidate, threaten or intentionally embarrass another user;  
use vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or
religious nature, or expressions of bigotry, racism, discrimination or hate; 
infringe any intellectual property, privacy, or publicity rights of a third party; 
post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);  
post any material that is obscene, offensive or indecent;  
post any material that harms or is inappropriate for minors to view; 
promote or encourage illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise create any liability; 
post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner; 
post, upload or otherwise submit any material that contains false or misleading indications of origin or statements of fact;  
post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or  
post, upload or otherwise submit any materials that constitute advertising or solicitation of business, except in areas specifically designated for such purpose and then only with the approval of the Site; 
post, upload or otherwise submit any materials that disclose any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;

(b) Conduct. At all times, Users must use the Site in a responsible and legal manner. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Site and e-Partners in Giving tools and services.

You also agree:

to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by e-Partners in Giving, LLC; 
not to host, submit content to or use the Site or its services without the consent of a parent, guardian or educational supervisor if you are under the age of 13;
not to use the Site for illegal purposes; 
not to commit any acts of infringement on the Site or with respect to content on the Site; 
not to use the Site to engage in commercial activities; 
not to attempt to gain unauthorized access to other computer systems from or through the Site; 
not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site; 
not to use the Site for chain letters, junk mail, spamming, or use of distribution lists; 
not to upload or transmit viruses or other harmful, disruptive or destructive files; 
not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites

(c) Warranties and Representations. e-Partners in Giving provides the tools, the Site, and the services on an "As Is," "As Available" basis. (Including, but not limited to, information, content, graphics, photos, text, and links.) Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes.

Each time you submit content to this Site, you represent and warrant that:

You are the author, own, or otherwise have sufficient rights to grant the licenses granted hereunder of the Material, or
You have collected the Material in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret), or
You have permission from the copyright owner to post the Material on this Site, and
the Material will not infringe upon any intellectual property, privacy or other rights of any third party, and
You have the right to grant e-Partners in Giving, LLC, the license set out in these Terms and Conditions; and
the Material You submit does not violate these Terms and Conditions.

DISCLAIMER: THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, e-Partners in Giving disclaims any and all such other warranties.

(d) Cancellation. You may cancel or terminate your Donation Page and/or use of any service provided on or through this Site, with or without cause at any time. Upon termination, Your right to use Your account or service immediately ceases. To re-activate a terminated Donation Page, You must contact e-Partners in Giving via e-mail and provide written documentation for such a request.

In regards to individual Donation Pages (not applicable to non-profit partnerships), e-Partners in Giving has the discretion, and at any time and with or without prior notice to You, may suspend, cancel, transfer, or terminate Your password, account, any site within an account and/or use of any services provided on or through this Site for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, e-Partners in Giving resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or e-Partners in Giving's beliefs and/or values. In the event of a dispute or conflict among, or complaint from, users of the Site about another's right to establish, use, or maintain an account or service on the Site, e-Partners in Giving reserves the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon expiration, or cancellation or termination by either party, of Your account, Your password, and/or use of any service provided on or through this Site, You will have no right to any Material or Information You submitted, and e-Partners in Giving may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein. e-Partners in Giving, LLC, accepts no liability for removed or deleted Material or Information. You agree that e-Partners in Giving, LLC, shall not be liable to you or any third-party for any termination of your access to any service. This is not applicable to non-profit partners.

5. LIABILITY LIMITATIONS IMPORTANT PLEASE READ 

(a) IN NO EVENT SHALL E-PARTNERS IN GIVING, LLC, ITS SUBSIDIARIES, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF E-PARTNERS IN GIVING, LLC, HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE.
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE.
ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN.

(b) e-Partners in Giving shall not be liable for:

damages caused by Your failure to perform Your responsibilities; or
claims or demands of third parties, or
any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if e-Partners in Giving has been advised of the possibility of such damages.

(c) e-Partners in Giving makes no representation as to whether all or any portion of the designated donations are tax deductible. e-Partners in Giving will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.

(d) e-Partners in Giving, LLC, does not screen and is not otherwise obligated to screen Material posted to a Donation Page. e-Partners in Giving, LLC, reserves the right, however, to remove any Material posted to a Donation Page if said Material does not otherwise comply with these Terms and Conditions.

6. PROPRIETARY RIGHTS OF THE COMPANY

(a) e-Partners in Giving Material. e-Partners in Giving and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by e-Partners in Giving .

(b) Trademarks. The names e-Partners in Giving, LLC, epartnersingiving.com, payyourrepects.com, the e-Partners in Giving logo, the payyourrespects.com logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not associated with e-Partners in Giving, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit e-Partners in Giving.

(c) Copyright. All content on the Site is owned by e-Partners in Giving, the non-profits registered with e-Partners in Giving, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services' content is permitted without the express prior permission of e-Partners in Giving, and, where applicable, the copyright holder.

7. INDEMNIFICATION IMPORTANT PLEASE READ

Your Indemnity. You agree to indemnify, defend and hold e-Partners in Giving and its affiliates and subsidiaries, and their respective directors, officers, employees, shareholders, partners and agents, harmless from and against any and all claims, liability, losses, costs and expenses (whether direct, indirect, or consequential, including reasonable attorneys' fees), made by anyone in connection with Your use of this Site, with Material or Information You submit on or through this Site, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms and Conditions, and any other acts or omissions relating to this Site.

This indemnity extends to claims made against you that are a result of the negligence of e-Partners in Giving and its affiliates and subsidiaries, and their respective directors, officers, employees, shareholders, partners and agents and where enforceable this indemnity extends to those claims brought against you that result from the gross negligence of e-Partners in Giving and its affiliates and subsidiaries, and their respective directors, officers, employees, shareholders, partners and agents.

8. Merger and Integration

This Agreement and the exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto.

9. Choice of Law and Choice of Forum

This agreement shall be interpreted under the laws of the State of Texas. Any litigation under this agreement shall be resolved in the trial courts of Tarrant County, State of Texas.

10. Arbitration

All disputes, controversies, or claims arising out of or relating to this contract shall be submitted binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect with the following caveats:

All expenses of the arbitration shall be taxed against the parties equally.

If the amount in controversy is $50,000 or less the arbitration shall be conducted by one arbitrator.

If the amount in controversy is more then $50,000 the arbitration shall be conducted by three arbitrators.

Should discovery be necessary, the parties shall request that the arbitrator(s) create a discovery plan setting limits as to the amount of discovery and a discovery period. This plan shall be followed by the parties.

Unless extended by the arbitrator for good cause shown, arbitration hearings shall begin no later than 4 months after the selection of the arbitrator 5 days shall be allotted to the arbitration hearings, and the arbitrator shall determine how much of the hearing time shall be allocated to the direct and cross examination of witnesses. The arbitrator shall allocate time equally amongst the parties.

The arbitration shall be conducted under the Texas Rules of Evidence.

Any decision reached by the arbitrators must be in full written format.

A decision of the arbitrator(s) shall be final and binding

The Arbitrator(s) shall follow Texas law in arriving at their decision

Any arbitration conducted under this agreement shall be conducted in Dallas, Texas

11. Statute of Limitations

The parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.

12. Severability Savings

If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.

13. Non-Waiver

The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

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We believe that the impact of our wake has the potential to be much more significant than the actual splash we make in our lives.

That is why it is our privilege to help with this self-sacrificing opportunity.

Let's create a legacy together.